-H5 


THE 

•'  '   CONSTITUTION 

OF.  THE 

UNITED  STATES  OF  AMERICA, 

WITH   AN  ALPHABETICAL   ANALYSIS; 

THE  DECLARATION  OF  INDEPENDENCE ; 

THE    ARTICLES     OF    CONFEDERATION; 

THE  PROMINENT  POLITICAL  ACTS  OF 

GEORGE   WASHINGTON; 

ELECTORAL   VOTES  FOR  ALL  THE 

PRESIDENTS  AND  VICE-PRESIDENTS; 

THE    HIGH    AUTHORITIES    AND    CIVIL    OFFICERS    OF    GOVERNMENT, 

FROM      MARCH     4,      1789,     TO     MARCH     3,      1847; 

Cljrcnclcgicd  Narrntioe  of  tl)e  Sajeral  States; 

AND  OTHER  INTERESTING  MATTER; 

•WITH    A    DESCRIPTIVE   ACCOUNT  OP  TUB 

STATE   PAPERS,   PUBLIC  DOCUMENTS, 

AND    OTHER    SOURCES    Of 

POLITICAL  AND  STATISTICAL  INFORMATION 

AT     THE     SEAT     OF     GOVERNMENT. 
BT 

W.    HICKEY. 

SEVENTH     EDITION. 

PHILADELPHIA: 
1854. 


Entered  according  to  act  of  CoiiRress,  In  the  year  i853,  by 

W.    MICKEY, 

hi  the  Clerk's  Office  or  the  District  Court  of  the  United  Stated  for  tbe  Eastern  District  of 
Pennsylvania. 


KTKUK01VPKD    BY    L.    JOHNSON    &    CO. 

PHILADELPHIA. 
PRISTF.D    BY   T.  ».  &    P.  0.  COtl.IN*. 


TO 

THE     PEOPLE, 

THE    CONGRESS, 
THE    PRESIDENT, 

AND  THE 

inpwnw  Court  of  fjrt  ^ntftb  |tatr«, 

THIS  SIXTH  EDITION  OF  THE  CONSTITUTION 


18   DEDICATED    BT 


W.  HICKET. 


"The  Constitution  in  its  words  is  plain  and  intelligible,  and  it  is  meant  for  tha 
homebred,  unsophisticated  understandings  of  our  fellow-citizens." 

"The  people  alone  are  the  absolute  owners  and  uncontrollable  movers  of  «uch 
sovereignty  as  human  beings  can  claim  to  exercise ;  subject  to  the  eternal  and 
unchangeable  rules  of  justice,  of  truth,  and  of  good  Faith.  The  moral  law  is  out 
of  its  reach;  sovereignty  cannot  violate  that,  and  be  more  justified  than  tha 
humblest  individual." 

"Yield  away  the  Constitution  and  the  Union,  and  where  are  we?  Frittered 
into  fragments,  and  not  able  to  claim  one  portion  of  the  past  as  peculiarly  our 
own!  Our  Union  is  not  merely  a  blessing;  it  is  a  political  necessity.  We  can- 
not exist  without  it.  I  mean,  that  all  of  existence  which  is  worth  having  must 
depart  with  it.  Our  liberties  could  not  endure  the  incessant  conflicts  of  civil  and 
conterminous  strife;  our  independence  would  be  an  unreal  mockery,  our  very 
memories  would  turn  to  bitterness." 

(Mr.  Dallas  in  defence  of  the  Constitution.) 
iii 


THE  provision  nnder  which  THIS  BOOK  MAT  BE  TRANSMITTED  BY  MAII, 
FREE  OF  POSTAGE,  by  persons  having  the  privilege  of  franking  pub- 
lic documents,  is  contained  in  "Jin  act  tp  establish  certain  post-routes, 
and  for  other  purposes"  approved  3d  March,  1 847,  in  the  following 
words  :— 

"Such  publications  or  books  as  have  been  or  may  be  pub- 
lished, procured,  or  purchased  by  order  of  either  House 
of  Congress,  or  a  joint  resolution  of  the  two  Houses,  shall 
be  considered  as  public  documents,  and  entitled  to  be 
franked  as  such." 


Resolved,  Ulva/t  tile  s^cVeta^  (>e  ^U^ctec)  to  lvto«u,l«.  Etrb 
tlve  ti*e  op  ttte  Oett/ate  two  tkou/MMi/o  oo|viei>  op  tlte  a/u/tlvcutu:'  o&jnp 
op  tlu:-  Mooii^ititittMMv,  uM/ln/  CMV  atvaui^KXM'  titoew,  cwiO  oonUnla/tuHu 
M-  o-tltet  luwluj  0-ooiWTWiivti)  ,  teoeatuv  Iviuvteo  ati/o  |vla«ed  ni/  tke 

II  u      I  I 

twMvo-b    oj-    ttve    n^6nvl>e't/!)  ,  |vtx>i>weo  tlve    ji/luee  wvatt    ivot  e*oeeo  tlt-& 
*iwii/  frt  oite  o-olta/4/  cuvo  tn>e»vti}'-tM>e  cen^X>  jvet/  eoliu/. 

Hesotued)  «J  iva^  tcti/  tlum.4>a*vd  ewaitio-iwi/t  co-liieb  &p  tfve  em/- 
tlwyvtic  eolui'  (ft  tli/c.  Hjoiv^ttticfciOiv,  until/  an/  aitati|/twxi/E  ni/iew,  ete., 
l>e  li/lo-ctiAeo  |-o'</  tlue  u/»6  oj-  tti/c  ocjva-te,  jvicn^id-co  blveu-  lo-ttL  t>e. 

Hi/'taisl^eo  at  a/  ac-du<utixHV    &t    tuxzii/Ui/  |v&t<  oeibfc.  on  tlve  Ivtu^e  a/o-frivo 
i  I  J   l  I 

tttted. 


ed,  fj  ttat  blue.  iyecVeta/Vu/  &p  ttv*.  i?  cttafce  h/ti/ietwi/ie  Lol/ 
live-  w-4e  op  ttvc/  tTen-a/le  ti»>o  ttwHA/Muvo  eo|vi«!>  &p  toe  Hcwi/iti/tatum/  &j» 
tli*.  Itotnted  <jta/fce:>  op  Q/brvveVixja/,  uH-tk  atv  a-tlvtixweti/ca.1  aaalujib, 
k/telvaAeo  atvo  |ntl>Ui>lveO  (MI/  "Iv.  tlTVBiok^-u/,  h/Y^iM/d-ed  ttve  xuiic. 
ecuv  t>e  jui/Vofva^eO  at  a/  |vii/oe  IveV  c&jvu/  iv&fc  exeeeo-iu/tu  ttlat  jva/i.0 
LoV  te+v  btwHMxi/ii/o  eojvi^i  o-Vo-fr't^-o  to  t>e  Ivu/VetUKveo  w.y  a/  Vooutt'iotv 
&p  tn/c  UeivaJ^e,  cwVo-jvteo  OK/  tfve  ISbTi/  aau/  op  t^cb-ttw^Vu-,  'IbJtf- 


Q^jwlE  27,  -f 

Resolved,     tJ  fvat  bw-e  *ec.VetouVu-  ap  tfve  O  e 

aivo  diA-eeteo  to  [uvVclva^e  otvc-  tutitd-teo  eo4vi/e&  o-p  *J\SWM*M,  &  edi/tlotb 
op   tHe  m>wi*tlttiti/otv    o-p    tfve    ^UCiiwtco  Jy^tct.,  ati/o    to    oeu/i>eV  fcfve 


VI  RESOLUTIONS. 

tome,  wv  live.  rtame  o-E  tde  Oetvate  oE  tit*.  ^Utniteo  Otates,  to 
\JBAfcv.  QAi;Le*atv^e.t  "Uattenrat*.,-  oE  YJaliA,  to  oe  ckstUiniteo  t>u< 
(um/  MI/  tJ'vatvce-,  aeeoVtfuva  to  fu<>  4u-s>tem/  oE  rufcUotval/  excJvatuieo 


,  STUat  tfve  »coietaA,ii.  te  Xtccte^  to  EuA»u:>fl  eac-H 
nvetrvbet  o-p  th/e  h/te»€<vt  c/  e»vate,  uvlio  {la&  rto-t  a^teada  Veeen>eo  tllem/, 
otve  c^if  op  wle.  AOQivitttutioiv  CMVO  otfvet  t>cow>  o-'tdeleo  to  ue  j-itV. 
rtiwved  to  tfve  oetvato^!)  wj/  Mve  Ve^ouU^on-!)  oE  cnimaiMbU*  'totlv, 
j  o^o  to  tde  <J  e+vatoVi  Elo+n/  OJ  (H«KI/,  an/d  ^IxJi-wxnvMrt',  tlvc. 
oj-  tfi^e  Hoo-iv^tltiitlwv  CM>  fuM>e  bectv  atleaau-  au>e»i'  to 
i  OP  tlv 


23, 

*  Resolved,  STPvat  tfve  keeteta-Ui/  &e  Xieotec)  to  It'tocitte.  Evom 
fcn^  h-iojvVteto^/,  u>V  tlic  u/;>e  &E  tn«.  oetwtte,  tc*v  MixHi*a-tvo  co[vi«4 
oE  tTvJJi/etieii-  b  eaituoiv  aE  ttve  Hbotvjvti/tution/j  u>itfv  a*v  aijilvalietica't  an-a- 
liiM,i,  ^1X7  awvMvatoiv  ;>  uvcuui-U'lal  aivo  l-a/teiooLl/  a&(>l.c>i>ebj  atw)  ottveV 
*tatuti<xiL  rtvattet  iLLu/*tiatu>e,  o-E  th/e  aervuw>  oE  tde. 
oM>t>etnmeitfc  atvo  tlve  dei>elo4vem6ivt  &E  U*  h,VuM!.i|vte»  : 
lded)  <J  [vat  tfveU'  t>e  Eu/ltvi/wveo  at  tHe  wvnve  Ivliee.  as>  tfvo*e. 
&E  toe  t?  enate. 


Vu,  22, 

Resolved,  U  kat  eacii/  o^E  tfve  »veu>  rrvenvbela  o-E  tk«  t7  civate  &« 
4v|tlled  uM,tfv  tK*  MMTve  tuintt>€.V  atvo  doclijitloiv  oE  t>oofe!>  as>  u>ete 
a'tiuMi/ed    to    eaoh<  o-E   tn*   menvt>et4    &E    tfve.    Oeivate    &E    tfve    Uv»t 

^oitq/'tew  . 

I 

*  N.  B^A  resolution  similar  to  this  was  passed  by  the  Senate  the  5th  January,  1853. 


PREFACE. 


THE  Constitution,  as  the  fireside  companion  of  the  American 
citizen,  preserves  in  full  freshness  and  vigor  the  recollection  of 
the  patriotic  virtues  and  persevering  courage  of  those  gallant  spirits 
of  the  Revolution  who  achieved  the  national  independence,  and 
the  intelligence  and  fidelity  of  those  fathers  of  the  republic  who 
secured,  by  this  noble  charter,  the  fruits  and  the  blessings  of  inde*, 
pcndence.  The  judgment  of  the  Senate  of  the  United  States  has 
declared  the  importance  of  familiarizing  American  citizens,  more 
extensively,  with  this  fundamental  law  of  their  country,  and  has 
approved  its  association  with  the  examples  of  republican  virtue  and 
the  paternal  advice  of  the  "Father  of  his  country,"  joined  to  other 
kindred  matter,  constituting  the  body  of  this  work.  To  this  honor- 
able body  is  due  the  credit  of  having  provided  for  the  first  general 
promulgation  of  the  Constitution,  the  continued  dissemination  of 
whose  wise  injunctions  and  conservative  principles  among  the 
people,  can  alone  preserve  their  fraternal  union  and  the  precious 
inheritance  of  freedom. 

That  branch  of  the  government  which  is  clothed  by  the  Consti- 
tution with  legislative,  executive  and  judicial  powers,  and  thus 
invested  with  three  separate  authorities  to  preserve,  protect,  and 
defend  this  venerated  instrument,  has  been  pleased  to  take  the  initi- 
ative in  a  measure  calculated  so  powerfully  to  support  the  Consti- 
tution, as  that  of  giving  it,  in  its  simplicity  and  purity,  to  the  peo- 
ple, who  possess,  themselves,  the  sovereign  power  to  judge  of  the 
manner  in  which  it  may  be  executed,  to  rebuke  its  infraction,  and 
to  defend  its  integrity,  and  who  therefore  require  every  legitimate 

•  vii 


Viii  PREFACE. 

aid  to  enable  them  to  perform  this  vitally  important  duty  in  justice, 
truth,  and  good  faith,  for  "  The  Constitution  in  its  words  is  plain 
and  intelligible,  and  it  is  meant  for  the  homebred,  unsophisticated 
understandings  of  our  fellow-citizens."  "  It  is  addressed  to  the  com- 
mon sense  of  the  people." 

Several  distinguished  authorities  and  individuals  having,  in  the 
plenitude  of  their  liberality,  honored  the  author  and  compiler  with 
their  sentiments  on  the  subject-matter  of  the  work,  he  claims  the 
indulgence  of  the  friends  of  the  Constitution  in  giving  them  place 
in  this  edition,  believing,  that  a  salutary  effect  may  be  produced  by 
the  sanction  of  their  special  approbation,  and  the  expression  of  their 
several  views  of  the  importance  of  an  extended  dissemination  of  that 
instrument.  These  may  impress,  in  terms  more  unexceptionable, 
the  obligation  incumbent  on  every  intelligent  citizen  to  make  him- 
self acquainted  with  its  provisions,  restrictions,  and  limitations, 
and  of  imparting,  so  far  as  the  ability  may  extend,  a  knowledge 
of  this  paramount  law  of  our  country  to  the  minds  of  the  rising 
generation. 

The  length  of  time  required  in  the  ordinary  course  of  business, 
for  obtaining  a  practical  knowledge  of  the  operations  of  govern- 
ment, by  persons  entering  into  public  life,  and  their  embarrassments 
for  the  want  of  a  convenient  mode  of  reference  to  the  various 
sources  of  information,  have  suggested  the  utility  of  preparing,  as  a 
part  of  this  work,  and  as  germain  to  its  design,  a  means  of  collect- 
ing and  rendering  available  to  the  public  interest  the  experience 
and  information  acquired  in  this  respect,  in  the  progress  of  time, 
by  attention  to  the  business  of  legislation  in  the  public  service. 
The  five  new  chapters  in  this  edition  may  therefore  be  considered 
an  essay,  to  be  improved  and  extended  hereafter,  with  a  view,  not 
only  to  add  to  the  intrinsic  matter  proper  to  be  read  and  studied  by 
the  great  body  of  American  citizens,  but  to  render  it  peculiarly  a 
vade  mecum  to  the  statesman  and  legislator,  the  ministering  to 
whose  individual  convenience  must,  necessarily,  result  in  facilitat- 
ing the  performance  of  arduous  public  duty,  and  in  promoting,  in 
no  inconsiderable  degree,  the  public  interests. 


COMMUNICATIONS. 


FROM  THE  VICE  PRESIDENT  OF  THE  UNITED  STATES  AND 
PRESIDENT  OF  THE  SENATE. 


**,  cu  su,  i**,        .  i**7. 


«J  lie  iHJ-Uutve  on.  "  «J  fie    (ootv&tttutuHi/  &p  tile  ^IvCii/lted  Otaies, 

uMM/cH  u-oti.  u>cie  tluvd  en/o-u/qn.  to  *e»vd  m-e,  Q)    llcm*  coA«.uiU,u-  e-xa/. 

o  pi  o       o     if        o 

m/i/tteo,  aivo  niu^fc  ii/aio-  u-eg/  iiou/  to  a«oejvt  nut/  uxi/i»vi/  tlutit/lw  w>V  tae 

e<vnt,|vume<i/b  op  ii-i>  o-e^wx^ti/otv'  atvo  M>V  tlve  aam/i^au-le  etui^cueteV  o-C 
i/t»  oo-ivtenti).  CtJ  t  u>,  iwitlout  e^teejvti/CHi/,  tde  teifc  dew^fveo^  uaLe*t, 
rvcateit,  tuvo  r»vo-»t  aociviato  m/a+uuM/  an/o  aitu*e  wv  Veia^uHV  to  tile 
a-Vea/t  uv>tliwivetvt  at-  lu-n/i/ctv  ik  e^couvMoeui-  t'teati,  tlvat  QJ  h<M>e  it-et 
v.  cy  t  ae»«.Uvc/b,  a/ii/d  Cy  liojve  U>  lo-ttt  i/eoeto-e,  iMi/u>et/»<u/  ei/V- 


tJ  fve.  Hfcvtviti^tiitioii/  u>  cuv  <H>|-ect  to  iwlvtoh/   no  QACineVMXwt/    m-uvo 
n/  o^e  too  atte»vtti>e,  a/ivd  >vo  QADm^-Vi-efMV   M«a/Vt    too 


cuvd  a/Luxu|/» 


w-W/e  U>'</  uva*»tu/itu/  to  iat&e  ooii^ttaotuve  doufcti  :  tntt,  o«/  tfve 
cub  tile  o-^'OXMUXv  eltxi^t  o-j-  a/  CwruJ/eo  cotvt-edetated  ao-i>eiam'C4vtj  a/ 
IvVa/eti/ea-t  tVwj/t/  at  iveaAXiv  M/9ctu>  a«a^b  UKHt/td  ^eem/  to  h-Dcuoe  bt»  iu-i/5. 
d-otw  cuvo  e|!Lci/en/ou>  l>eu-(Hi/d  di^jvute  o^  VuxuCfeu/.  Q/VCivd,  altlvoi(.an/ 
it  K>  not  iwui/ftu/a/t  to  Ivea^/  it  >cu/d,  ab  m-o-nveivti  o-j-  Ivcat  cui/o  di^a/h/. 
lvo-uvtnve»it,  tfla-t,  wv  tlve  ovcwifciiveivfc  04.  ad-nrwvu»tVatuHt/  o-p  onA/  Eed-eiaC 
oMiaatwHVi  o-p  tfi/e  ^oo-ivititutwHV  a4«.  di/4-Veaa^aed,  a»v  o&- 
cwi-o  eotlveVi-eivoe  &p  in/o-Ve  ttltwv  tlu-Vtu/  i^eaAA  coivo-wwje  nvo 
tLe  leveV»e  ;  cuvd  Cy  am/  Miti^pLeo  tlutt  its  tvoi/d  w4vwv  ttve  ewv 
CMI/O  tlve  O-JI/WUMHV  o-p  tlve  oouivtUi/  at  taAac  u>  coti/frtcuvtUt 


*  The  first  and  second  editions. 
1* 


COMMUNICATIONS. 


atn-etvuva'.  U  tvvi  v»,  wvd-eed,  ttve  tvatuA/al,  teivufc  o-j-  tti>  JvelCect 
,^  to  IvVoau/ee  tlve  h/u/V|vo*ei  poA,  UHVMMV  U>  UXK>  oewaived  -  IWI/MHV, 
ivajiuilitii-,  ^epeivee,  uvelpn/i/e,  atvu  tu>ei.tu>  .—  atvo  li  touc;> 
fvoio-  loeCC  it*  Ivtactuxvt/  ojveVatvo«v&  {vatnvoivuse  untlv  tde  lm;nivex>, 
uiu  ivts,  VewitwHi*,  atvo  p/ica/lew  oj-  u\*.  OAcnveVuHMv  h-e&jvte. 
i  aivo  uwMKHituva/  cu>  uve-  (Vie  uv  nto»t  timva^,  uve.  tiai>e  itot 
,  (wvo  Q/  oo  nxvt  tn/wi/fj/  u>e  Mvatl/  wivaae  p&V  o«vfc«/U«>  tx» 
com*,  tn«  iaoteo  >tai>lutu-  o-p  t+ve  HoMtitituiictv. 

<J  \MMI  a>  u.uvwMnento'l/  aivo  lvalam.oi.uU;  laitv,  uv  tne  [vustu/t*  oj> 
U/4  oliq-uv  luvd  uv  the  |ui<tlfcu<  op  it*  teoct,  slvoiiio  be  lilaceo  wvltluiv 
tfve.  leaolv  ot  et>etU'  j-ieetrMMV.  cy  b  Mw>uiO  (>e  woiuvo  tu-tveleivei  tli^-Ve. 
i-i  a/  oa^vcwMtii'  to  icu/o  :  ivot  al/oive  uv  ten-iMa^uve  tva/ll/b,  utdicuw/ 
ooaiteasi,  uWati«6,  OMVO  eoll&aes,  t>at  at»o  uv  tlte  eal>iii6  cuvd 
itceUi/ae*  o-p  OiiA/  mxvutvets,  at  et^eVti-  oewun*n»*«MOoC,  Loa-fuit,  |-a<j.- 
to-Ui-,  oV/  M/Ve^iAe.  O/  1  WWHU/O  potnv  tlve  Uwurveivta/t/  t>a>i  s  ou 


,  >ii   >eni^  rtvaae  cv  lvc\|tetualtii'  Vecu/Vluva>  ol 
n^/    UOO 


o-B  rjvertvoVu-.       ^llon^/    UOOK/    eiiteVt>    lUuoiv    tlve    aitinuiv.rab  oE  tfve 

•  J  '   '      P     tP  P      P  •  t  T 

cvuivi  rwoVe  |vtom.i*ttvalU'  tluvtv  atui/  ot  uMw/fce  eociwetvee  Q*   cuiv  a«HiA.e. 

Q/t»   "  QADivalu*ift      u>  Mivau-Uo-iuv  iivtete^tuwv  cuvo  w^eLtu/  ;    ujtwKe  it* 
mvO  lvu>tolic^vt  teco-id*  constitute  nvo^t 


mlif/eft    oE    comlvlew.M>M/    aivo    ji'LeciMX>iv.        «J  Ive   cJeiuvte   op    tfve 


li/  wj.  lia  rrvet-is,  aat>e  vct-t/  e&V&Lo 
MMvctvwv  to  ttb  exte*v»uie  dti-icmuvatvoii-  ;  aivo,  itvaceo,  tt  UMHUO  b* 
iMvVO,  it  tvot  wiv[vo*MWe,  to  aeivi^e  a  IWteV  rtvoae  op  etvualvtetvitva, 
rwvd  jvuAtpu-uva/  JviU>uo  oji/ijuoiv  at>  to  tlve  ivcec»*aAii.  |voii>el<),  dirties, 
and  Ve»|vo)VMl>u/vtie<)  op  cul/  tlve  paitctloivcuii-ei  01-  tke  Mieiveial/  ^S-o-- 
i>cltvme»vt,  tlve  tiiuit-s  op  tfvei-1  Ofvciveti-,  a*vo  tlve  ooivei{.uvtoViv  »|u'<it 

o-t  tfve  i>a<>t  wiitenv  to  uvlu.clv  Mveiv  tictcxuv. 
a  o  a 

Q)    anv,  aeat  t7vl,  u«Viv  ttuXu-, 

ptiervd  cvtvo  »cti>cuib, 


v  m-. 


COMMUNICATIONS.  XI 

FROM   THE  SPEAKER  OF  THE   HOUSE  OF   REPRESENTATIVES  OF 
THE   UNITED   STATES. 


Ifi*          Cp.  avuvobcHi,          ttb 

WAxiA/  <J  lA/j  a  a  4 

Q)      IUM>e   bo    biva/IVK/    tpCH,!/    pOt/    O/    1>C'U1/    JVCO/tUp    |VU/I>U  Ml  CO    CO-lUt-    Op    fclve 

Vi>CHV4tvbu/twHi/  oi  bfi/c.  ^Kfiivi/beo  L?  tcute*.  <Jo  ta>\>  at>  Q/  ln/u-e.  exa/nvi/ii/ct) 
blve  j/o-tm*  wv  u»u/oti/  bh/e  |vn.|>biocvti<o-n/  u>  rvui/de,  It  w>  a.'xM^.eiiAi/  bfve 
m/ooJ/  Ivei-pect  &p  atu}/  cy  t^a/t>*  eu-eV  iec+v.  tJ  tvo  IKI/VKHW  cui/o  IHI/UI/- 
al>le  ui/po-trnxi^MHi/  owvttu^veo  wv  ti/otit/  u-o-frK-—  —  &btv&t/  tlvatv 
tu/bi/o-iv  -  14  oC  a'cecut  iKi/Lu/e.  cJ  ti/e  iwvotc.  UM*'M  (/»  Pa*t 


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ou/tJii  tX)  o-e  unuvo  uv  tli^  ub-Uutti/  OP  eoeVit'  e^ti/z;64v  MI/  ttve  coiMi/ttii'. 

«f  tP  PP  £'i  ', 

^Uetii/  iettveetuiiUU',  uo-at  ob-  b  »eVi>  bj 


FROM    THE    CHIEF    JUSTICE    OF    THE    SUPREME    COURT  OF  THE 
UNITED  STATES. 


0,.  <w«M»,  *o      3, 

t7i/t/,  << 

Q'      CMM/      Ol/lCotc-O      Wl/    bll«    <T  ll^tt&C6     0-p     btl€.     yU/lvVCITVe        VOO-UAj>     to 

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a/Vi-iwva'  IV|VCHV  blve  eon^t'a/vcbum/  o-p  blve  ^wv^bibit^votv  ;  CMVO,  wv  aVaei. 
tlvat,  oil/  m/oti/  o«ocv>u&»v!>,  it  nvcui-  (vLurcviV!)  l>e  untlvnv  btve  lecvctv  o-p 
blve  rtvenvu-eto  o-p  bh/e  co-nAt,  aivo  &p  tn/e  Ua/V  efvatvaed  uv  tlve  a^-au/- 
nvetvt,  (y  MI/CI/U.  diAecb  btve  c-ii-'iu-'tcu-Vut/iv  to  h/u/tetva/4-6 
cfrjvtes  poA/  tfve  =2Ocuo-  iioLb-la/tu/. 

^lv  tfclv  q-tectt  leMvecb,   Q)    cwiVj    tTi/V/,  ifOM/t  &i>eo  D  »•  b, 


Xll  COMMUNICATIONS. 

FROM    JUDGE    WAYNE,    ASSOCIATE    JUSTICE    OF    THE    SUPREME 
COURT   OF  THE  UNITED  STATES. 

f~*         cp.  oPiUvteme  ^(oo«/Vt.'<XKHTt,  >ja/{iWtofl  3,  l&lfl. 

^JJca,\,  uw/, 

cy  o/m/  ueiii'  rrui/cli/  o-blvoeo  to  ii/ou/  w>t/  iioii/V  ectttoiv  ot  live.  Hooiv- 
*titntlo»v,  cwc)  UM!£  n-ot,  fveteatteV,  u*e  tuuj/  oth/eV.  QMt  op  UA  a/le 
nuuJiv  uvo-e&fceO  to  uxm/. 

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a<)-c)  to  toe  e^ltwHi/,  uvten^eO  j-o^/  di^t^WHttiXHV  t>u/  Hie  O  eitate,  a/  4-tate* 
inovt  ot  tfve  tuiveb  u4vetv  ttve  Hij(Hi/»tiittti.otv  m-oW)  ovdojite.0  w.b  ttve. 
ktatcs,  cuv^  H>(le»v  n/eu>  states  flat>e  t>eetv  o^amltteo  ;  |va/ttiou,i.a/tl^' 
S-e^iatvatuvO',  wv  tile  ta/ot,  ww>h/  o-t  tfwyji/  aa  tvao-e.  l>eeti/  a^uttttcu 
ic|voti/  eon^>tltatw)tiA  PoVtveo  b-eEo-le  tfiete  (va/0  teett/  ovtui-  o4iO44VcU-  oxv- 
tlotv  wi'  %XHvaAeM  fo^/  cvoniitt'Uva/  tk«nv.  t^frV  Vej-etenee  U;  UHHU-O 
lye  u^euw/  wi/  nuwvu/  a-i/^ou^iMMK),  otto  luw  not  b-ecti/  ntO'de-,  W)  pa/^  a* 
Q)  can  pwvOj  bit-  a/ii/a-  wve. 

Q/    cun/,  3-ea/V  tji-l/,  untn/  q,^eat  Vcaa/io, 

ot>e.o  b  4-eti)-  fc, 

une. 


FROM  THE  CHIEF  JUSTICE  OF  THE  SUPREME  COURT  OF  PENN- 
SYLVANIA. 


0,. 

Q/    hxwvfc   atte*vtu>eUj/   |ve.Vu*ed  a/  Veacivb    edutvwv   o-l-   tlvo 

(con*titatu>iv,  iw-ltw/  a/  u>eU/-oi^e*teo  tuui{<|MA  a+vd  o-ttveV  nvattel/  o^ji/- 

jteitdeo,    "  (HI/  .a/  eitlae+v  ;    f   cui/0,  vt  a,n>€4  nve  jvl/ea*ii/Ve  to  XM}/,  ttvc 

corrUvaa/ti/otv    n,    not   otvuj/   a/  com>eivte»vb   &OOK-  op 


•In  compliance  with  this  friendly  suggestion  of  Judge  Wayne,  the  author  haa 
derived  much  satisfaction  in  devoting  to  it  the  entire  10th  chapter  of  this  edition. 
t  The  first  edition  of  this  book. 


COMMUNICATIONS.  Xlll 


MviKi/lM/a/M/e.  eom,|vetvowuiv  op  koti/ticcu/  *tatt*tW5*  po-l/  cv^Au/  da/u/  5  n*e. 

C7TP  •  PP  <T    \P     6\P    •     " 

<u  he,  aA/V<Mi-q^trvctvb  w>  an/  exoeU/ctvt  otve.        (y  iv  tlve     LVftvi,  c 


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&p  blve  nva*»ei>  :  uv  ..J  c^w^w^LlKu^^a/,  it  (Hi/aw/  to  tie  a/  beoet-wxi-lt'  iti/ 
tii/e  cofjururtv  iotvoo-t/!).  <J  tve  ooiit/lviXe-i/  IA  |ieVw>iva/tlij'  IMI/K/IVOUMV  bo 

rvte.   Uii^  Q/     a/in,   ^uUl|vl^    bo    q/w>e    tvui-    be&bun-CHU)/    uv    UWKHtA/    o-t    brt« 
.„„.  ^  ".a          *  4  4 

tvui  Ivtodiwibioti'. 

^IK/  lifv  a/^ca^  Vei4veeb,   O  i/V, 


FROM    THE    JUDGE    OP    THE    DISTRICT    COURT    OF  THE  UNITED 
STATES   FOR  THE  EASTERN   DISTRICT    OF   PENNSYLVANIA. 


SU, 

(y    tuu>e>   lo&lieo  bti/V/ouxili/  tae  ttbbte  uoUvme  uni/iclv  tvcu>  teen/  h/Ve. 

Q)    iuvde.V*t<Mvu,  iMVoe-t/  ii/oii/V  c-luv\xve,  aii/o  Q/    twM>e  VealLu/ 
d  a  p  d 

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»ttl>i-ccbb  op  MfMtani  W*e*cn*4* 

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vjaii/itUHibwuv  u>  uvetl/  o-ewi/seo,  a»vo,  »o  pa/V/  (W>  (i)  tuu>e  tested  it* 
pb  op  ea^e  cwi/o  ^ti/i/U/.  «J  a*'  ^eu&Vci/D  d&c-n/» 
a/ivo  ta&Le*,  u>tuxjlv  poVnv  bfve  Ve:yt  op  blie  b-ooll,  a/te.  Mm«t»tMitt> 
frol<x;beo  pVo-rv!/  tuuneioivi  ixttiMlMkj  uMu^ti/  ale  tvot  aetv&la/llii/  aooc*- 
^bl>Ce,  cuvO  bbeu/  IvVei»eivb  a/  ft«Vi/e4  op  atuwt/Ci)  op  bfi/e  4oo-n/itt/bu.bu>n/, 
pvona/  blv«  u/iftt  mx>i>e»tvctvb  boum/to-i)  t^i>  pctrfui/bMHV,  uv  ^786. 

ol   cuw  ob-lwi/eo   bo  IH>U/  po'i/  ba«  cojvu-  IU-M/UCIV  tuv!>  tcetv  setvt  to  rrve, 
aivo   iti/atl/,  ivo  oou/tb,  [vao-e.  ptccuictvb  ii^e  Co't/  U;. 

u/ouA-i, 
' 


XIV  COMMUNICATIONS. 

FROM    THE    HONORABLE   SIDNEY   BREKSE,   SENATOR  OF  THE 
UNITED  STATES. 


^         ro-  OlVofrfi/iii/atoii,  UMtSo/i  cd  6, 

.  deoA,  OiA,  3 

(y  ;vcu>&  e*a/«uiiec,  uH/t(i>  aVeot  ooA/e,  iioiiA/  eoi/tum/  i-t-  ttie  Hoon/. 
fctltwtww  op  tlie  ^Ifoii/tteo  C/  totes  }  cui/o  (y  trui*t  tie  Ivetmu'teo  to  e*. 
h.tew»  ITUJ  cUi/jt-ViHHit  o-p  Hie  jvto/iv  cuvo  op  tne  nietita  &t  tlie  UM^IK-. 
<y  do  wojie,  it  uvltt  lUuve  a/  oeVu/  eocteivM-i>e  denuui/d  -  tflat  tli«  >tate 
teai/»latu/t^s  unCC  Ivatioiuce  It,  aii/d  tkat  i/fcfc  ci/tcu-f/a^MHV  mcuv  ue  co- 
eocteti*u>e  nvn  n/  ttte  tlniit*  &B  oit^  "lAftvixxi/.  Q/  1  1/5  a/  lamcivtable  j-ae.% 
Uvat  tHe  Hoou  ititi^tuHV  op  Uve  ^Ubii  iteo  O  t<i^e<>  -  ttui/b  mo»t  nxnvfrleo 
ux)^tt<  o-p  ttie  UiTtiUit*  a»to  Miaes  &p  tlie  cJVCeuCftutuMV  -  luw>  ivot  uet 
Ivao  a/  a€«^etai  oi/Vcul/atlotv.  (V  Ivojie  tt  rrut'ii/  ue  wi.blt>du««o  utto 
owA/  *cfuvoi»,  a/co*  'eni^ei,  aivo  alt  on/t/  *enntva-liei>  op  t/ea/Uvitvq^,  aivo 
»tito-i-eO  to-  be-  iata«  i^to-fro.  ^'U'Ou/,  w/t,  aAe  avtltled  to  aVeat  c'lucoit 
j-o-V  tlve  caAe  cwvo  ab-U-ildj/  iiotv  (wn>e  WVOUHV  tit/  IvVejta/iuva,  tke  |vtc»«tvb 

eaiti-otv.       (y    liolve  ucm/  aao  tiie  eoaivtlii/  unit  IvVoui.  Uii-  it. 
d  '  ' 


FROM    THE    CHIEF    JUSTUS    OF    THE    CIRCUIT    COURT    OF    THE 
UNITED  STATES  FOK   THE  DISTRICT  OF   COLUMBIA. 


(y    Ovm-  VetMi/efrteo  t>U'   mu-  UtetfiAetv  o»v  tfi* 

op  tfie  ^Cuicuit  %>ou/Vt  of  tfvc  ^DiitUct  ^  n0of!um(>ixi/  to-  tKxwvfi/ 
IMMI/  po-^x  IUHI/V  iveuv  0410  oo-l/iecteo  wiiloti/  o-p  ttve  won*titutw>tv  op 
ttvc  "Uftwteo  iJtdte*,  umtoh/  u-ow-  k<uve  K44vdui/  >e»vt  to  ttiem/,  atio 
jxyi  tlve  iMituxwHe  >tati>tio  uipo-tfnatuHV  anafwed  to  itj  an/o  cijve. 
outlui'  urt/  Mve  wiwytlotM)  cuio  oeVu/  hxi/ttlcuiaA/  -wuMWti  umiew/ 
fvai>e  nwid«  o  tfle  ^otv*titatioiv  cwvS  oV  tfve  eo^lectloiv  &E 


COMMUNICATIONS.  XV 

wt/  luw/ctu/otuHi/,    at>    lo-eii,  o-s    wv   bfle   beat,  u4ux>h/  IWHV  fi/ove 
<Weo-i>eied  uv  bfve  po-tm/ei/  ed-i/bix>tv& . 

«J  h/e  «J  u/d-o-eb  Ivo/u-e  n/ot  It-ao  time  to  vxcunm*.  blve  teo&b  oeiti. 
(Xi/VeUi/tup ;  tub,  jA/o-m/  tti/e  IvaA/bwi/i/  exo/m-MKi/twMv  bli^u/  tunve  tvo/o  bi/m/o 
bo  rruwie,  o/ivO  bti/e  o/teo^/  ooA/&  iw-ubti/  w-lvbcn/  iixwA/  c-olvu/  tvoa  teetv  coin-- 
Ivo/t/eo-  iw-ibtv  ba*  o-Viq/MUul/  wv  btve  SJ/clvattm/etvb  at  t/fcabe,  btt/eu/  l>ettei>»  < 

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•ppp  PPtPPP  P'I. 

lo-u/D  te  it^-epiM/  bo  aM  oku>ive!>  op  io-aujtu/. 

^Lv  ifcn/  q/Veab  Vcblvecbj  (JJ    (ww/,  o  ^/  t7  i/t/} 

-c-0  b  ^&io-  b, 


FROM  THE  HONORABLE  SILAS  WRIGHT,   LATE   GOVERNOR  OF 
NEW   YORK— FORMERLY   SENATOR  IN   CONGRESS. 

it      *          CO-  Hocwi/tc-ii/.  9  QADlvltL  /f8-t7- 

vJMmj/  <*eoA/  u  lA/, 

Cy     blva/IVK/    IUH1/    tVl/    bike    COJVll/  OP    tVOUA/    eOl/bl/OU/    Op    btl/e     AOCMVitltl.l/tl/0-IV 
/r»  n     .  d  r  A  •    n  •  O°n 

op    btve       Ufti/ibeo     c/bobeb,     iin/tli/  ipo-it/i/  eojvMKt^>  wvaoot.      eJ  li/e  d-c^wi/n/, 

Xp  P't  I.''  P'P  VlPPl.  \ 

cwi/o  tlve  m/cwuveV  o-p  u>5  eoc-WMttto-ii/,  oA/e  ovun/e  cVedi,bat>le  bo  ivtvu/;  a/ivo 
(y  onvbixM^vovbe  a/  u>-bo-e  ei/loiu-a/bio-tv  op  tlve  ri/ttte  ivo-Lu/m/e,  OMVO  aieob 
u/^euuivesb  to  onA/  ptee  uvaitbutixnvi)  p'ootn/  tt. 

vJBAvDivtut/   ot   bti/e   eoi-bi/oivb    ot    wve  Hoon/^ti/tiiti/oiv   ot    tlve     Ifoiubeo 
rn  •  •  n 

cfttvbeb,  uv  nvo*b  oonvnvon/  eiA/eu,tatixMV,  ovVe  o-eVit'  otv'ie[-e>^wt'  Ivt/uvbe-o, 

•pp  *P"P\P 

i«-i«v   pi/ccut/eivb   eWciveoiv!)    IviMvottuvtuoiv,  opte>v  uvetea/w+v^  bti-e  o-ou/Uta 

a*    bo    btve   bViue   eovvabtiixibufriv   o-p    ttve    h^Vcva-'ta/ltlv!).        Q/\Ctv    eattuoit, 

p       P          P  P  i.P          PP'P^'       P  t-        P 

bii'C'^cPo-'<Je',   K/IVOUHV  bo  u-e  co-Wc-ctlii'  |vit[>Li&'vcc),  w>  cP  (v^'C-fvfc  ixtiiiye. 
?  ] 

(Tip  •  n      •        n    -\  p  •     •  p  n 

^U'OnA/  co-lvuiai   ouvalubioa/l/  uvoeoc,  Ivoio-euel',  coiv^titiitei   tlve  Vea/L 

ixu-u/e  o-t  iionA/  IJ.O-O-K/.        cy  t  s-btio-iea  Pa/vblvtu/l/uv.  atva  wt'  tviv  iuvl>wii-»eo 
I    J  I  I  —       Id  o 

W/L4VO,    li    UHtt     te<VO      ub    bo    Vcao    UvC.    MoCMVi-tlbu/blXHV    IvtCWlbuXttut/,  CUVO  to 

hAxHHM/oii/  (Mvo  etij/u-^e  bo  iti  Ivtaobtoal/  ovJvjvu&atuHv  uv  btve  appai/ti  o1 
Uve    q^K>ettuivetvt,    U>   wwwvo-b   pa/il   to   luuve  a  ivtvbu'VO't  cuvo 


XF1  COMMUNICATIONS. 


te»vdetvcu.  tcuKiA,*)  a/  ktUct  ooiv»tUi/ctloiv  oE  tfve  uv»Uumeiit  iti/  tfle. 
nvuvo  op  tii/e  *cfw>Ea/V, — tfve  wvui/  eon*tlacti,o«/  op  tile  ^ootv*titutw>n/ 
MM-e  to  ouA/  pt-ee  i4i/:>tituii««/&  twi/o  to  tfi/e  Mcoiv&titaturtv  it*efp. 

ONo    Wi/e,    pamiluiA/   w-itlv   tHe   a  jcu'o   of   ouA/  aouettimetit,  can. 
luu>e   pa/tte-o  to  notice  h/cuv  la-Vq*.  a/  Mojvo-ttlort/    c-t    oti4.    fttatcsnicti/ 
n-et>eV  to  rww>e  tea-o  ttve    vOwt/itLtutioiv  o-t  ttie     Ifcaitea  i? tate{> 

ea^cUu/   Vete\/e4tce  to   it*  |vVeci*e   laivaiicwie   atvo    exaxit  |vYo- 
P  c  •  do  .        L  . 

uitt   VatiioV,    a&    O«CO,^KHV   ji'tcsciitb,    »ccin   to  eceeleue  tn«-i/4/ 

wt<vctuiitij-,  iMi/po^UuvatciU'  too  ottciv  Ivcu^eiUit  cuvo  jvoii>et  UiUu-  eoceiteo, 
to  »tVetch/  l>otti/  to  tfie  Cuve  oj-  tfiuit  tlteit,  ovt  tfi/e  rwonieivt,  ooti»iO&t/ 
e-ocjieo-iC4it.  QAo  VcU.Ve»tee  to  a>  caAeUil,  Jte^tcct,  oMvd  luU/  tMtalu-M* 
ot  tivat  ui*lYum«4i/t,  and  op  tlue  atatito  o-j-  Itcnuet/  Vca.lui'  KHMW)  nv 
it,  cannot  UM.L  to  eocoit  a/  »tixm<a.  041/0  w.iui,t<i^u-  wvluwnice  tUioiv  iiicli/ 
niut^k. 

w  t  u>,  ivou>«tvebj  ujion/  ttve  nvui/o  ol-  ttvc  »tudcivt  o^ivo  ttte  Viiina/ 
a-etielatioii/  frp  o«/t/  comvttij-  tfvafc  Cy  atiticlliate  tive,  UH.ocui'  extciiicti 
uiK.  Uil  uvj-lU'Civoe  OP  uotiA/  &O&JL.  Q)  p  U/  >fuili  t>e,  ao  Q/  lu-h  e  it 
mau-,  utUocUteed  aa  a/  claw-booli/  wv  ow/V  »cttooU,  it  cantvot  j-ait 
>c-oii/  to-  [ttodiice  a/  rttote  X'liiiu  ano  co\.Vect  anO  muUrVm/  uuoc't. 
Uttudinq.  t-t  live  ^oaalitu'tuHV  eu>  it  u>,  tltatv  h-a*  lutfuetto  li-'teoa/ilcd 

•  u        *  I 

Hi/  ou-V  eoimt-lu-. 

Qj  t  »ta-4  UHva  bceii/  a-  l-auo-Vite  itHbti/  ot  mute,  eu>  to  tfw4>  ktate,  I  fiat 
ouA/  liutiue  law«>  o-p  iwvu>eV»ai  witeVe*t  mau/  be,  tu/  owA/  ^kcoiifa. 
tuVc,  d-t-^tiUniteO  to  ou/V/  eotn^voiv  *C|MK>U>  uv  a-  u>lm/  to  (>e  ntaie  a/ 
of  a** -o-oc-h/  u>V  tlte  mo-le  adixwieeo  kclvot-a-li,  th.at  tlve  cuA/le»U>  tcai{». 
Uihwv  op  t*i/e  *tate  mail-  tie  ea/Vlu-  a<i/d  tfvoAxHiafvui-  iMvdei*to*d  (MU 
tlvo>e  iiMKi  a/Ve  to  l>e  tli*  ixvteift  op  tlve  >tate. 

-*lj^>u/4/  boo-R/  wuMj-cifci  tfve  a^ditiotv  op  tlve  Mooii*tttatioiv  o-p  tne 
.  <3 taie,  uvitlv  a/  putt  wtae*,  wtcli/  cw>  tilat  iw>u/  luiue  jt^clta/Ved  po-t  tfve 
t^edeUii  HootvftttiatwMV,  as  a-  |veVmoMi«4tt  cla*b-t>(K.-h/  to  h/Veceue  tfve 
»Uidii-  oj.  tn/e  cuA-leivt  taii>:>  ;  a/tvo,  it-  uou/V  Mot«i*ti,tutuv*v  an/0  t^e 
uuix>  op  AOotta/Vcw  op  a/  actte'cal-  cluttacteV  aad  iiiufc'istil  |uiL4io 
uttetot  eoivto  l>&  ooiuui«tco  lui-tli/  tli/e  ceaiic  LT  ^tll^l^J  Cy  o-c  a&t 


COMMUNICATIONS.  XVli 

Htvouv   oivij<    tiviiuv   tilofc    lac-tito    oo-   w>    to-t  iouiidui-  to-  euuvulV  ouA, 

Pnvov    to    tecom/e    pleem-eiv,    cuvo    to   di»elvoA<ve  toe  antics  o-p 
4V    at    tii/e    |volu>    op    ouA-   electwHvs  tt>  Miieiij/  to  tlvet-V  coiuittiv 


cuvu  otedi-Uvuui'  to  Hvem»eli>ei. 

Q)  mvoet/eUj,  li/c-Ke  tfve  |uu>Loatw)iv  o-p  aotvt  IMKHS-  nvoui/  lead  tii*, 
14XMI-  to  Mrrve  Mi-oli/  txtuwib-le  ao-aitiotv  to  tlve  eoiuxifcitnv  t-t  tn« 
ij  c-iui  a-  nvc*v  o-p  tile  le4viu>Uo. 

vJ&Awip  teiMvie  |UM>  nx>t  Ivein-utteo  nte  to  eocamuve  tuxuA/  utdoot  uv 
atC  its  IvaVU  cu>  ca/tcUiiui/  cu>  tile  Mtm-ect  denuuvo-b,  biit  tfie.  eoccurux 
rvatloiK)  Q/  fvac-e  nvade,  toacttveV  untlv  nui^  fe4WHu4/e^e  op  iu>u-t 
aoou*tonteo  axxm/taeii',  CMVO  Mwxi/UcU>te.  Udetitib  op  uvtc4itioiv,  tu^u«e 
rti^.  to  MVCCI/R/  untu/  tlve  coivpweivce  Q/  do  at-  tlve  iwvoie  ux^iti/.  U  tve 

nvattel/  U-CHV  Ivaoe  co-rwveeteo  u>ltfv  tlve  liab-ltcatioiv  of    tHe  MDoivitltti/. 
o  i 

tlotv  is  jveitltvetvt,  ati/0  Mictv  as  ttve  ij-ctuifl-  ^tddctit  o-p  toe  mat  'turn  avfc 
otvaW>  to  tie  nvaoe  tanviluiA'  untlv,  lo-lwle  tlve  le»M»vb  op  uvi^dotrv  piom. 
tile  ej/'attveV  o-p  Ins  A0otuvttu>  to-ill  coiv>ectate  tii/e  uHvove  to  lvu> 

m,oi,tp  a*vO  fvU  Iveatt. 

"U/U-tv  tfve  teKetltvoiv  op  nufr  tJuMWW  poV  ttve  «Hw|'  «^V  tlvw  u>otK., 
iiv  ieijveot-uulii-,  a*vo 


FROM  THE  HONORABLE  JOHN   MACPHERSON  BERRIEN,  SENATOR 
OF  T^IE  UNITED  STATES. 


^r.  n> 

cy  eoeamwveo  ttve  oojuv  op  "  <J  Ive  ^Dotv!>tvtatuHV  UMVUMV  tioii/ 
keivt  to  r»ve  oiv  Ito  pli*t  JMUHvcatioiv,  a*vO  tfve*v  eocjvte^ieO  to  IWHV  tdo 
patvo-ttwH/e  OJVMVKMV  loivlelv  Q)  enteltttwved  op  [he,  uwrtJi/,  ptonv  iti>  tvcafc. 
ivc*b,  i/tx>  O<X>U/V<I<HV,  tvivo  i^s>  eont4vt«lv6iv«>w>etvew  .  vJj-  tlve  wrvjvo-ttcMvoe 
op  d;>  di*tU-t>iutwrtv  anvo»v(v  att  ct!a»eb  op  o«A/  ettlzetva,  Cy  ttitiifi/  ito 
wte  catv  d(HM>t.  0*  t  w>  Uve  pu*vdanveivt(vt/  Uuo-,  Wvav  IWVMMV  co-n/ttol* 
alt  ottveio  -  tlve  cluvVtet/  o^  ou-V  WieUici,  uHvlcn/  eo-ettv  cituzeiv  iva* 
cv  i-el*oivaD  uvtete»l  wv  iMvdeV»t<vivdMva<  taoiXHtanlu'.  Cy 


I 
2 


XV111  COMMUNICATIONS. 


fvtatipled,  tlvetepo*^,  to  fl»vou>-  tfvat  eweliv  clti/sea  uxw>  |vo*ie&*eu  op  a> 
eo|ut<  op  it,  a+vd  li/a/o  m/cvde  {Mmivelp  pam-iua/Y,  u>,itlv  ita  content*,  wv 
pl«{i*/i/eivb  OMVO  ea/teUw/  [vetiwxi/ts  op  tt.  cJ  tvl&  UMHUO  ma/lie  turn 
m/ote  KeVpectup  eomlvVclveivo  tvi*  ou»v  fvo*iti/otv  a*  a/  eitusen/  op  tlvlb 
q/tectt  L/V9e4viM>i/ix!.  5  it  UMHU/O  e4iat>[e  lutrv  to  Vea/uce  rrtoVe  ootai-auu/ 
tfve  uttwiiate  tela-turn/  uv  u4vlcn/  ae-  5ta-aa»  to  eoeVti>  oblvet  citizen/; 
o^ivo  tfva*  bti  te»vac*vcU'  UHHU/O  t>e  to  a'oau*  clo*eV  tlve  j-tateViva/t  uo-tvo 
lolvMilt/  tunte&  iw>  ox>  otve  heo|vle.  t/we  uxnvto  teooni/e  *en/ 
tnxwin/  til*.  wvtetLw:pe»iee  a*vo  iM-itiie  ot  eoMjtv  uiau>iaiui/i/  rrtcui 
tde  nxi|i4mve»<>  op  fi/ui)  petlfru>-5,  atvo  op  tlie  ftoVVcMvoitd-iiva/  cuvo 
MvpUieivoe  op  uwvoUw/ee  cuto  mce  ;  cuvo  ttuo  coivowitloiv  lo-ouio  t/en-de^/ 
tvun/  tlve  a>ot>oca/te  o[-  a/tt  Ivlolvet/  m/ea*u4e»  to  etuaAae  Mve  nit-etti/. 
q/e4vce,  onvo  mtjvioo*  tlve  nvo'talb,  op  ttvo>e  loittv  lo-lvom/  tve  u>  IvoLuti/. 
oalui'  ow».*ocuite^  .  Qn9  (wvouHeo-a-e  op  tlve  4oi>n-i>Ututtoiv,  uMu^n/  i* 
po-4/  ttve  mx>*t  jva/Vt  li/la/uv  aivd  ^wnlvte  i*v  vti>  VvVoin<Motv!>,  uxniio  optetv 

e»vaWe.    Iwm/    to   »|ui.Vtv    MvO-iq^vcwvtui/   tlve    et-t-ott*    ot    defnxx<voq-ti«i    to 
i'  J  1  1  I  99 

n-vu>le<i'd  (urn/,  cuvo  ouini/^eiv  h^rvv  to  a/  aeejve-V/  Jeu»&  op  a-tafcvtitd-e  poV 
tlve  h/tio-i-leae!)  uHvictv  Ive  w>  [vcinvttteo  to  eivi-ou/. 

Q/  t  UMHM/O,  itv  miv  ojvuwoiv,  t>e  oeii/ViWe  Wvat  >actv  a/  cohii/  op  tlve 
Mfloa*tt,Uvtloiv  cvs  tlvafc  lutwcfv  ivou/  tt<ii>e  |vV«|t<vVeo,  smxMiia  t>e  uv  Ivoj. 
ic»M.oiv  op  ea/elv  wto-uMaX/  ttiWMVttt  tnAxHtalvotvt  tlve  ttuvo,  ao  a/  »tmvo- 
04.0  to  uHuetv  Vcleleivoe  m<uv  tc.  n/ad  u>itlv  luvdoao-tuva,  cwvEi^e+vce, 
uv  caie*  ivlviclv  uvooiue  a«-e>tMHvs  op  ^ooiv»tttutix)ivaX  lau>.  2/ivt  Q/ 
uxMvto  e»|teciat.Uv  dcsi/te  to  bee  It  uvtt-odu-eed  cvs>  ov  teat-too^/  wv  ouA/ 
*oIvooU)  atvd  eoiLe<vc-5,  tlvat  ouA,  ipotwvtv  m.etv  m-cvu-  b-e  taun-Kt  to  fjiK-u> 
tlvei-V  Vvalvt&,  cuvo  to  lieeofive  acq(iu»/wvt€o  iw-itlv  tftciA/  dutie!),  cv»  ettv. 
cnt:>.  b-ejx>V«.  tlveiv  e«va€uve  in,  tlve  entjvtoitnvetvU  op  active  ttpe. 

QAD*    a/    elti/zeiv    cE    t^e   "tVCu-Ued    utatei),  Q/  tfva»v&/  ivou,  Eoi  tile 


eotvpeV-Ved    iUvo»v   ttve   eonwiuwvltii/    (>iw    tftM> 

d  ivoiv  fvcvue  nut/  te*fc   uHMve*  tlva-t  ivotvl/  laf>oi:>  niai 

<T\-  'V  ' 

Q)   cwv,  dea^^  w/V,  i>eliv  te»jv  iv(  0)e. 


—  ^. 

COMMUNICATIONS. 


FROM  THE   HON.  HENRY  CLAY,   SENATOR  OF  THE  UNITED   STATES. 
^U/o-wvLtwi/tOTV,    O  e4vtemt>e^/j   fcSO. 


uta/  bh/at  aou/  ui/bctvo  to  IUMHIMI/  a/  pouAifl  edi/bi/OH/  op 
bfve  o-oumve,  coirUvued  atvd  li-lejvated  (HI-  u-oti/,  eo-n/ta-utwa-  live  ^co+v- 
^bi/bu/tuHV  op  blve  "Iteiti/bed  oba/bei,  atvd  otti/eV  h/i/ah/lu/  n*ej-tM/  atvo 
wvbeVeitMvq/  mxitteV,  <y  ba/lie  |vtea»w/Ve  wt  eo^vie^uva/  Wi/e  4<i/ttftUi'obi/oti/ 
<y  tva/i>e.  o-eiuveo  pVotvi/  twv  eccam/wvabi/o-n/  at  ttve  m-oik/.  "Lnm/  tva/i>& 
o-usjtUuj'eo  I'W/o-cwi/efvfc  wv  blve  nra/beiuit/s  lo-h/i/eiv  i/b  emt>odi/ei)  ,  ttivo  tn/  btv& 
oA/o&V-  to-lbtv  u>h/uolt/  bfi/cu/  fixu>e  teen/  a/Vtatwj-ed  .  ^Ij'Ou^/  tew-deivee  at  b^o 
etbu/  o-p  ^UUd^Jvi+vatovv,  aivo  uv  otve  ap  tile  Ivu-u-Lto  o-pptce*,  a<w>  a/p- 
po^d-ed  ii/oti/  aiv  o-jvlvottiwubil'  op  acce»*  bo  bite  oti^wui/t  bcwb  o-p  ttve, 
Mooii«>biiutioiv,  an-d  bo  bfi/e  &bti«,v  d-ociwn-e*vbb  a-ii/o  Vecoid-i  oo-vvba/uveo 
uv  u/cmA/  iH>uun/e.,  o-p  twvi/clv  IH>U-  ajt/ji-ca/t/  bo  tixi/o-e  a^M/o-iMHt^ui-  cwxn/ted 
u-ottV^eLp.  ^Iv&u/V  UHi-vts-j  bli/etepo-t/ej  o-e-^elu-e*  [vei-peeb  co-ivptaeii«/&  wv 
Ibo  enti/te  Oiitfleiiiuei/bu/. 

?J  It/eVe  a-ie  w>  m/cm.u/  aii/o  Mtotv  OI>IM«U«>  Veaiotv!)  MV  paixyt/  o-P  bti/u> 
u-o-o-li/  u-euvq/  escbeivw-u-eUj/  ei/'touJa4:eo,  a-n/o  MI/  btve  tvcwvoi  o-p  eo-etU'  cpbixsen/ 
iw-hx)  can/  coiu>e*vteivbLu/  appo-^d  bo  tvu/'i.clva*e  it,  btva^>  Q)  ea»wiot  ooii-lib 
bfie  e«i^betvee.  o-p  a/  eoiv^tatvb  cwvd  t/a/Y^e  d-ematvd  EoV  lb.  Q/bvo 
eibixreivi)  uwi/o  a/Ve  ao-uva/  ab-Uva-Oj  CMI/O  urt/ewMtet/t>  wivo  aAe  eo-m-uvq/ 
cwn^ft-a/  LW>,  MHna/d  ait/  do  ux-ll  bo  frbia/ut/  |v&^iye&»M)-tv  op  a/  ww>h-  u>alch/ 
eo»rt[i/Vi'i««  ,  u>ttti/MV  a/  im-at/b  oomjva^b,  bfue  Veco-td  op  w>  m<wi'tt'  un/tvo-Y/. 
btwvb  OnabioiwM/  eo-etvbs  atvd  Q/\ctbu>nxj/E  t'ccwiacwt  1.0115. 

Vt.«t    xxiAceui/  n/eoe^a^/u/  bo  a-d-d  aw/  eocli/<,e&-»-WHV  op   m/U'   m-ti 

blvab  OOM/  m-aii/    otba/wi/   a/    ti/u-e-la/L    Jva/btoivaae    Ux>m/    Uve    Iviujtto, 
d          _    d  i)       I  i 

m-eit^eo  Po-V  uxnvt/  tat>frt^>. 

T  p  PP 

Q/    ant/  Vei)|veobj-uiui-, 

^UxOtiA/  ol>cd-  b. 


COMMUNICATIONS. 


FROM  THE  HON.  LEWIS  CASS,   SENATOR  OF  TIIK  UNITED   STATES. 


Q/VDb  oo«A/  temi/e*b  (y   Mxiwe.  caA,eU«/LCu/  exammcd,  cuvo  a-o  aot  flew/. 

tale  to  au>e  rrui/  oh/i+u/otv  of  tn/e  ixM/u/e  of,  ivou/k  eJitu>n/  ot  bfve  Moon,- 
d  d     I  •  Id  ' 

,  tdouaFi/  tt  is  a  UM>'CK.  u>lvwih/  (b>es  »vot  tveeo  aau<  te*tmi.o- 
o-P  mttve  tc  lfci>  rtvettti),  not  u>t,Cf/  tfte.  ecclvtemott'  &p  m-ii/  i-uoa/m&ivb 
it  Uve>  nwte,  to  Jt4tWte  j-cuxyt/.  (y  b  to  a/  nvotutntent  CP  ea/'^e, 
ati/o  1/a/tWv,  <MVO  aoeu^aeij',  cuvo  nutu,  wvteUJ'  oc|ve4iO  w4vfttv  its  ouvtv 
i/>tttuv*to  BMMN*]  UH/tlvoiU;  ealTwia/  to  Its  a-^  CMI/W'  aatvetttitioiW)  ci/t- 
ciuM/itancei  u>rt<U>ei>eV.  t>Tke  iwiee  o-P  tk«  coiwit'tU'  twvo  live  Ve- 
jveateo  o-Vdetb  o-j-  tlve  O  enxi/te  Eot/  Its  [vu.Ww5atixMv  CUM)  aistttiHttu&n/, 
n/ie  ea/aa/ltu/  Ivo-ivoi/aWe  to  tfve  cda/UuiteV  O-P  tde  wowi,  an-d  to  In*- 
eUyu-ltu/  atvo  u^eWXj/  op  tn*  outth^/.  Q)  ti>  i«iiUviu<nt.s  accuA-axiti/,  its 
a-»vaXiptuxu/  wvo-eAUq^fcwHvs,  CMI/O  tive  eomlvte^MO+v  op  tile  Mii|voVtaiU> 
M-»totio(vt/  pa«ts  iwvtcrt/  |vtee6^ed  atvo  atteivdeO  live  tvtoceeduva*  op 
tfi*'  Hooiw>entio»v,  ewvo  lolw/on/  nva/tHed  ttve  IvUKV^e^s  op  tfve  a^-olvti-otv 
oj-  Uve  HoMV»tltiitlotv,  tnAoti/an/  aU,  tit*,  itti  ac.s  o-B  a(nU>t  cuvo  arvooi-etu/, 
tlu/  tfve  piiva/K  twvo  iuvli  jnu  eotvMurvntatum/,  n<M>e  aw-ecuW  teceu>ed 
tlvc  cMijvloiK^tuHV  op  fceoeUiX  em/wvwit  nvcn/,  w>ilo*e  tettcVs  ate.  eotv- 
taiiveo  ui/  tlve  potnvet/  cd-ltwm/.  «^Xvt  LE  eo*t  bft/eV«'  UXM>  a/  keViod 
m/  tlve  li/t»toUj/  op  ouA/  couut'tii-,  umiclv  catted  ttjvoti/  IM>  to  DOOK/  iMi/cli. 
ujvwv  tHe  l>le*4.Mi^i>  to-fuclv  tn-c  Hoott-stltutwm/  wxi*  btou^flt,  aii/o  itjvotv 
ttve  di,pploiuti€«»  Lfc  etvootuateVeo  tepo^e  It  Veoci/t>cd  t^e  wui-cti/oiv  op 
tlve  Q/knveU<xMV  t7taie>  cwvo  keolvte,  tdat  Ivetuod  u>  u-jvoti/  UA.  Q/  p 
ioe  nvcte  noii>  ^ejvaAateo,  eu>  u>e  ic-ete  uv  l*!®!)  IM)  (Hoital/  Ivouvet/ 
eou/lo  b'tuta.  tW)  toa«ttvet/.  ^lA/lleWlet/,  unWv  all  tbe  codi/etuetvce  ou 
ow/V  da*va*ts  aivo  oat  b-Le^uva^,  uve  oatv  u*  k«lvb  toaetaeV,  mii^b 
dejvetvO  uji/wi/  btve  kjviAtt  w-itki  u>ki«n/  uve-  cctne  lUv  to  toe  uvotft/. 
JlA/tvctti«.t/  ttve  peei/MvtL*  op  eotvoe^MHV  CMVO  eoiu[vtom/i/»«  u4i/u4v  an/u- 
nvateo  ot«/4/  pattve'<u>  urn//  eo+vtwvae  to  aivtrtvate  tn^lt/  WMI:>,  o-i  e+voiMvlv 


COMMUNICATIONS.  XXI 

op  bdem/,  to  |vlebeU>e  <wvo  IveVjiebu/cite  blw/b  IvVectoub  HeUtaae,  ae- 
q/ui/te.0  kip  betu-wjeb  aivo  biu-pe.Hna/b  umw>ti>  ate  lo-Hbbeii/  uv  ouA.  [vabb 
lubboUt/,  an/0  rn.au/  pwvd  ecutaD  e«amh,leb  op  tui/tixHUi-l/  ca/la/m-iiu/  wv 
tac-  putw,t/e',  Mi/oulo  ttlu-  eont-cdc-'catuiii/  te  t>Volieiv  u,k/,  IA  tk/e  a^eab 
a^icivttotv  o-t-  tti/e  aa/U',  uni/ieti/  eoetib*  a/Ve  to/at  lutifcen/uio-  bo  a-  icUibKut*, 
itud&V  ci/Vcunt&bcwvee!)  cw>  wnlvotna/  a/b  blvcti'  ate  |votbe*vbon!)  . 

^IvouA/  VcleVeit/ee  bo  btve  h>tacbi,ce>  ct  ^/foome  atvo  bo  bk«.b  at  btve 
ni  eo-icteu-a  t  a/q/eb  in/  uttalan-o,  uMi/eie  bli/e  diWu»ix)n/  at  live-  ktKHiHedae 
op  bti/ei/t/  Ve^liecbm-e  ^MMMtwHitWHMj  eilveciaili}'  amcncp  ttve  ii/owln/i 
uxib  one  op  tti^  ca-teb  op  tn/e  a/oDeliim-eivb)  pu/liufctieb  a>v  ln^h/o'<baltt 
tesMHV,  u>ti/ielv  catnvot  t>&  boo  bfc'coitaiu<  coiTUiiendeo  bo  bti/e  |tttt>ti,o 
attciilwm/.  tJ  [be  Hootv»ti-babuMV  iaou/ta  l>&  a/  ictu>&L-l>ccli,  mx^ae  pa/- 
nmi/a4/  bo  u/b  p^/om/  ou/V  eaAu/eit  u-ea^b.  Cy  bb  |vi-uvci4ileb,  ibb  Mo* 
uubton-b,  i-bb  umi.bcU;i/on/b,  Mvou/lo  t>e  btuoued  atvo  iwi/ae'tbtoco,  ewvo  tHe. 
m/oie  bfveti'  ale  btw-o-ueo  bti/e  b-ctbcV  uvu/t  ttvcii/  t>e  aji  [vleeia-beo  cwvo  tlve 
eii'  uj-ill  u-ecoiTve.  Cy  bkou/lu  U&  q/la/o  bo  bee  uou/V  edition/ 
uv  eo-etu/  b«(vool-[w>ube  LH-  bfve  ^Hctnx>tv,  cwvo  tn\»r 


ee    o 


eolUcia.u^.  aivO  mubelp    ale.  bo    ^n^jvle^beo  u>ibh/    b^e    im-kotba-ne 
blvub  Mtq-a/ebbi/on/,  bLab  u>e  iivbefto  bo  dibtlLi>ttbe  alt  bit*-  colti/eb  u>«  Ve. 

cen>e.  am/on.q/  live  bcn/oot  utlati/eb  ot  vJSAfeieliuaa/»v. 

°  <T  \  ' 

QJ    am/,  dea-V  bi-V, 

;yV!)eb|vecbpu.lli|-,  ipou/V  ou-ed  b  ivelu-  b, 


«7V6bCR/eu-,  ©bo/. 

/. 
2* 


COMMUNICATIONS. 


FEOM  THE  HON.  DAJfTBL  WEBSTER,  SECRETARY  OF   STATE  OP   THE 
UNITED  STATES. 


uia.  Uvat  uoa.  ovVe  a-oout  to  KuWiwl  a  louAtli/  (iditioiv 
ot  t&e  oOoo^.  c-E  Me  ^x>»i*tttuUofv,  Of  tane  jifea*ale  uv  c«ji  V«>*itia, 
mu-  b«U«t  tttat  tH«.  eoct«n>uve.  di»tVilHiUofv  of  tnat  oouune  u>  ot 
ImUio  cuid  a^ncVal  imjic-itonoc  . 

<J  fie  M§c-»t>titiiti<MV  c-£  t^e  ^l&ttted  Otate*  u>  cv  u>Yitt«v  <2>  n>tvii-. 
nteivt  ;    a/  tecoaoed  Uuidameittal  H§au>  j    tt  14  tue  X>072a,  a«to  tile 
Bond,  of  tile    Union  of  t&oe  £ftate»j    'it  ift  off  t&at  aloe> 

a  National  cLvuvctet. 

Qrun«*fc  eoeiUr  nvan,  in,  tne  coiutttu-  w   cahaW-c  op  ieadt«to>  tt; 
that  uMucn.  »o  iecjtiu-  cono«X»w  au  ,  >uc-tiio  be  made  ca^ilii-  ac  . 
bte  to  ail.       "-IvcuA,  (utUucaUon/,  Q)   ttuufe,  i>  betted  eaicutateo 
to  accomjiU*ll  thi»  en-o,  ttuMv  CMUV  u4iic»v  no*  ttieoeoeo  it. 
"ltou,l»  loitn/  oeUi-  ttue  VeqaVd, 


INTRODUCTORY  REMARKS. 


JAMES  MADISOW,  President  of  the  United  States,  on  entering 
npon  the  duties  of  the  office,  declared,  that  "to  support  the  Consti- 
tution, which  is  the  cement  of  the  Union,  as  well  in  its  limitations 
as  in  its  authorities,  and  to  favor  the  advancement  of  science  and  the 
diffusion  of  information,  as  the  best  aliment  to  true  liberty,"  with 
other  salutary  sentiments  and  intentions,  would  be  a  resource  which 
could  not  fail  him ;  and  added,  "  but  the  source  to  which  I  look  for 
the  aid  which  alone  can  supply  my  deficiencies,  is  the  well-tried 
intelligence  and  virtue  of  my  fellow-citizens,  and  in  the  counsels  of 
those  representing  them  in  the  other  departments  associated  in  the 
care  of  the  national  interests." 

"  To  support  the  Constitution"  by  his  talents,  by  his  best  ser- 
vices, and  with  his  life,  if  required,  is  the  firm  and  irrevocable  de- 
termination of  every  true  patriot ;  but  the  "  support"  presupposes 
a  knowledge  of  that  valued  instrument;  and  the  knowledge  can 
alone  be  expected  to  follow  a  careful  reading  and  study  of  its  letter 
and  its  spirit.  To  afford  an  opportunity  to  every  American  citizen 
to  do  this,  is  the  object  in  the  publication  of  the  present  edition. 

If,  as  Cicero  informs  ns,  in  ancient  Rome  the  very  boys  were 
obliged  to  learn  the  twelve  tables  by  heart,  as  a  carmen  necessarium, 
or  indispensable  lesson,  to  imprint  on  their  tender  minds  an  early 
knowledge  of  the  laws  and  constitution  of  their  country, 

"  Nocturna  versate  manu,  versate  diurna/' 

If  it  was  deemed  important  to  the  preservation  of  British  liberty, 
in  the  earlier  and  better  days  of  that  country,  that  Magna  Charta 


XXIV  INTRODUCTORY    REMARKS. 

should  be  authoritatively  promulgated  and  read  to  the  people — it 
is  no  less  important  to  the  preservation  of  American  liberty,  that 
every  intelligent  citizen  should,  by  his  own  will  and  authority, 
aided  by  the  liberality  of  the  Government,  possess  a  copy  of  this 
great  charier  of  American  liberty. 

There  appears  to  have  been  no  formal  provision  made  by  the 
Government  of  the  United  States  for  the  promulgation  of  the  Con- 
stitution, except  by  a  concurrent  resolution  of  the  two  Houses  of 
Congress,  made  during  the  first  Congress,  (6th  July,  1789,)  whereby 
it  was  "  Resolved,  that  there  be  prefixed  to  the  publication  of  the 
acts  of  the  present  session  of  Congress  a  correct  copy  of  the  Con- 
stitution of  Government  for  the  United  States."  This,  however, 
was  sufficient  to  show  the  intention  and  the  judgment  of  the  Patres 
Patrise  upon  the  subject. 

Every  good  citizen,  capable  of  reading  and  understanding  its 
meaning,  is  bound  by  duty  to  his  country,  if  in  his  power,  to  pos- 
sess a  copy  of  the  Constitution.  The  compiler  of  this  publication 
has  added  the  Declaration  of  Independence,  with  invaluable  matter 
claiming  paternity  of  the  "  Father  of  his  country,"  a.nd  other  inte- 
resting information,  and  has  so  limited  the  cost  of  this  Consti- 
tutional bouquet,  as  to  enable  the  Government,  should  such  be  its 
pleasure,  by  a  judicious  and  liberal  investment  in  this  provident 
stock — to  lay  up,  for  a  time  of  need,  a  vast  fund  of  available  trea- 
sure in  the  minds  and  the  hearts  of  the  people,  for  the  defence  of 
their  liberties  and  the  perpetuity  of  their  institutions — to  sow  the 
good  seed  in  virgin  soil,  which  might  otherwise  be  occupied  by 
noxious  weeds.  With  diffidence  it  is  submitted,  that  this  national 
object  may  be  practically  effected  by  the  distribution  of  barely  so 
many  copies  as  may  place  one  in  each  village  or  neighborhood, 
which  would  introduce  it  to  the  knowledge  of  the  people,  who 
would  then  seek  by  their  own  means  to  possess  it ;  and  thus  as  a 
mustard  seed  would  it  multiply,  and  its  salutary  principles  be  ex- 
tended. Nor  could  any  means  more  convenient  be  proposed,  than 
to  intrust  to  the  hands  of  the  guardians  of  the  Constitution  in  Con- 
gress the  distribution,  or  the  sowing  of  this  good  seed.  It  would 
appear  from  the  tables  of  the  last  census,  that  there  are,  in  the 


INTRODUCTORY    REMARKS.  XXV 

United  States,  upwards  of  three  and  a  half  millions  of  men,  over 
twenty  years  of  age,  capable  of  reading;  and  should  there  be  only 
one  copy  furnished  by  the  Government  to  every  hundred  men,  a 
large  portion  of  the  other  ninety-nine  would,  probably,  by  their  own 
means,  obtain  it. 

Viewing  the  immense  diffusion  of  printed  political  matter  through 
all  the  villages  and  hamlets  of  the  Republic,  as  the  abundance  of 
material  provided  by  the  generosity  of  the  Government  and  zeal  of 
private  enterprise,  as  political  food  for  the  mind,  this  compilation 
may  be  considered  as  salt  for  the  preservation  of  such  as  may  be 
wholesome,  or  as  lime  to  neutralize  and  destroy  such  as  may  be 
carious.  It  would  be  a  test  by  which  to  separate  the  wheat  from 
the  tares  and  cockle — a  crucible  by  which  to  separate  the  gold 
from  the  dross  and  base  metal,  or  the  cupel  by  which  to  try  the 
current  coin  of  politics,  and  a  text  book  by  which  to  judge  of  the 
orthodoxy  of  political  disquisitions. 

By  the  British  statute,  "  confirmatio  cartarum"  the  great  charter 
was  directed  "  to  be  allowed  as  the  common  law  ;  all  judgments 
contrary  to  it  are  declared  void  :  copies  of  it  arc  ordered  to  be  sent  to 
all  cathedral  churches,  and  read  twice  a  year  to  the  people. ;"  whereby 
it  was  intended  that  the  sanctity  of  the  place  should  inspire  a  pecu- 
liar veneration  for  that  noble  structure  of  fundamental  law — sacred 
to  human  liberty,  civil  and  religious. 

According  to  Plato  and  Aristotle,  "Lex  est  mens  sine  affectu,  et 
quasi  Deus" — the  law  is  mind  without  passion,  and  therefore  like 
God.  Or,  according  to  Grotius,  "  God  approved  and  ratified  the 
salutary  constitutions  of  government  made  by  men ;"  while  De- 
mosthenes declares,  that  "the  design  and  object  of  laws  is  to  ascer- 
tain what  is  just,  honorable,  and  expedient ;  and  when  that  is  dis- 
covered, it  is  proclaimed  as  a  general  ordinance,  equal  and  impartial 
to  all.  This  is  the  origin  of  law,  which,  for  various  reasons,  all 
are  under  an  obligation  to  obey,  but  especially  because  all  law  is 
the  invention  and  gift  of  Heaven,  the  resolution  of  wise  men,  the 
correction  of  every  offence,  and  the  general  compact  of  the  State , 
to  live  in  conformity  with  which  is  the  duty  of  every  individual  in 
society." 


XXVI  INTRODUCTORY    REMARKS. 

Bossuet  remarks,  that  "If  tha  Roman  laws  have  appeared  so 
sacred,  that  their  majesty  still  subsists,  notwithstanding  the  ruin 
W  the  empire,  it  is  because  good  sense,  which  controls  human  life, 
reigns  throughout  the  whole,  and  that  there  is  nowhere  to  be  found 
a  finer  application  of  the  principles  of  natural  equity." 

Algernon  Sidney  adds,  that  "The  Israelites,  Spartans,  Romans, 
and  others,  who  framed  their  governments  according  to  their  own 
will,  did  it  not  by  any  peculiar  privilege,  but  by  a  universal  right 
conferred  upon  them  by  God  and  nature.  They  were  made  of  no 
better  clay  than  others ;  they  had  no  right  that  does  not  as  well 
belong  to  other  nations ;  that  is  to  say,  the  Constitution  of  every 
government  is  referred  to  those  who  are  concerned  in  it,  and  no 
other  has  any  thing  to  do  with  it." — 

"  Salus  populi  est  lex  suprema." 

Judge  Blackstone  remarks,  that  "  every  man,  when  he  enters 
into  society,  gives  up  a  part  of  his  natural  liberty,  as  the  price  of 
B<J  valuable  a  purchase ;  and,  in  consideration  of  receiving  the  ad- 
vantages of  mutual  commerce,  obliges  himself  to  conform  to  those 
laws  which  the  community  has  thought  proper  to  establish.  And 
this  species  of  legal  obedience  and  conformity  is  infinitely  more 
desirable  than  that  wild  and  savage  liberty  which  is  sacrificed  to 
obtain  it.  For  no  man,  that  considers  a  moment,  would  wish  to 
retain  the  absolute  and  uncontrolled  power  of  doing  whatever  he 
pleases ;  the  consequence  of  which  is,  that  every  other  man  would 
also  have  the  same  power,  and  then  there  would  be  no  security  to 
individuals  in  any  of  the  enjoyments  of  life.  Political,  therefore, 
or  civil  liberty,  which  is  that  of  a  member  of  society,  is  no  other 
than  natural  liberty,  so  far  restrained  by  human  laws  (and  no  far- 
ther) as  is  necessary  and  expedient  for  the  general  advantage  of  tho 
public.  Hence,  we  may  collect  that  the  law,  which  restrains  a 
man  from  doing  mischief  to  his  fellow-citizens,  though  it  dimi- 
nishes the  natural,  increases  the  civil  liberty  of  mankind.  And 
Locke  has  well  observed,  "  where  there  is  no  law  there  is  no  free- 
dom." 

Socrates  made  a  promise,  with  himself,  to  observe  the  laws  of 


INTRODUCTORY    REMARKS.  f  XXV11 

his  country ;  but  this  is  nothing  more  than  what  every  good  man 
ought  both  to  promise  and  to  perform :  and  he  ought  to  promise 
still  further,  that  he  will  exert  all  his  power,  when  constitutionally 
called  upon,  to  compel  others  to  obey  them. 

The  compiler  of  this  edition  of  our  own  venerated  Constitution, 
to  which  he  has  with  anxious  labor  prefixed  a  copious,  and,  he  trusts, 
a  faithful  analytical  index,  believes  that  there  are  among  his  fellow- 
citizens  many  thousands  of  intelligent  men  capable  of  reading  and 
understanding  the  great  American  charter  of  liberty,  but  who,  with- 
out seeing  and  judging  for  themselves  of  "  its  limitations  and  its 
authorities,"  have,  with  a  passive  credulity,  (which  in  other  mat- 
ters of  comparative  insignificance,  would  have  been  indignantly 
Bpurned,)  reposed  their  faith,  their  birthright,  and  their  safety,  on 
the  opinions  of  others,  whose  impassioned,  and  sometimes  vitupe- 
rative tones  have  appealed  rather  to  the  prejudices  of  the  heart  than 
to  the  integrity  of  the  understanding. 

Mr.  Dallas  has  well  said,  that  "  the  Constitution  in  its  words  is 
plain  and  intelligible,  and  it  is  meant  for  the  homebred,  unsophisti- 
cated understandings  of  our  fellow-citizens."  To  this  sentiment,  the 
compiler  is  indebted  for  suggesting  to  his  mind  the  idea  of  publish- 
ing this  edition  of  the  Constitution,  with  its  accompaniments  ;  and 
he  therefore  believed  that  there  would  be  propriety  and  justice  in 
the  dedication  of  it  to  this  distinguished  statesman,  and  through 
him  to  the  American  people.* 

The  compiler,  diffident  of  his  own  ability  to  do  adequate  justice 
to  the  subject,  has  called  to  his  aid  some  of  the  most  eminent 
authorities  to  sustain  the  inviolable  sanctity  of  the  law,  and  to  im- 
press upon  Americans  a  reverential  attachment  to  the  Constitution, 
as  in  the  highest  sense  the  palladium  of  American  liberty;  so  that 
their  judgment,  as  well  as  their  affections,  may  be  enlisted  on  the 
side  of  the  Constitution,  as  the  truest  security  of  the  Union,  and 
the  only  solid  basis  on  which  to  rest  the  private  rights,  the  public 
liberties,  and  the  substantial  prosperity  of  the  people  composing 
the  American  Republic. 

He  will  next  have  recourse  to  the  authority  of  the  universally 
esteemed  and  lamented  Justice  Story,  as  to  the  high  responsibilities 
of  the  people,  and  the  proper  means  of  guarding  the  inestimable 

*  The  1st  and  2d  editions  were  dedicated  to  Mr.  Dallas,  and  the  3d  and  subsequent  editions, 
with  his  permission,  to  the  people,  <tc. 


INTRODUCTORY    REMARKS. 

rights  they  now  enjoy.  In  reference  to  the  Constitution  of.  govern- 
ment he  says :  "  It  must  perish,  if  there  be  not  that  vital  spirit  in 
the  people,  which  alone  can  nourish,  sustain,  and  direct  all  its 
movements.  It  is  in  vain  that  statesmen  shall  form  plans  of  go- 
vernment, in  which  the  beauty  and  harmony  of  a  republic  shall  be 
embodied  in  visible  order,  shall  be  built  up  on  solid  substructions, 
and  adorned  by  every  useful  ornament,  if  the  inhabitants  suffer  the 
silent  power  of  time  to  dilapidate  its  walls,  or  crumble  its  massy 
supporters  into  dust ;  if  the  assaults  from  without  are  never  resisted, 
and  the  rottenness  and  mining  from  within  are  never  guarded 
against.  Who  can  preserve  the  rights  and  liberties  of  the  people, 
when  they  shall  be  abandoned  by  themselves  ?  Who  shall  keep 
watch  in  the  temple,  when  the  watchmen  sleep  at  their  posts  1 
Who  shall  call  upon  the  people  to  redeem  their  possessions,  and 
revive  the  republic,  when  their  own  hands  have  deliberately  and 
corruptly  surrendered  them  to  the  oppressor,  and  have  built  the 
prisons  or  dug  the  graves  of  their  own  friends  ?  This  dark  picture, 
it  is  to  be  hoped,  will  never  be  applicable  to  the  Republic  of  Ame- 
rica. And  yet  it  affords  a  warning,  which,  like  all  the  lessons  of 
past  experience,  we  are  not  permitted  to  disregard.  America,  free, 
happy,  and  enlightened  as  she  is,  must  rest  the  preservation  of  her 
rights  and  liberties  upon  the  virtue,  independence,  justice,  and 
sagacity  of  the  people.  If  either  fail,  the  republic  is  gone.  Its 
shadow  may  remain  with  all  the  pomp,  and  circumstance,  and 
trickery  of  government,  but  its  vital  power  will  have  departed.  In 
America,  the  demagogue  may  arise  as  well  as  elsewhere.  He  is 
the  natural,  though  spurious  growth  of  republics ;  and,  like  the 
courtier,  he  may,  by  his  blandishments,  delude  the  ears  and  blind 
the  eyes  of  the  people  to  their  own  destruction.  If  ever  the  day 
shall  arrive,  in  which  the  best  talents  and  the  best  virtues  shall  be 
driven  from  office  by  intrigue  or  corruption,  by  the  ostracism  of  the 
press,  or  the  still  more  unrelenting  persecution  of  party,  legislation 
will  cease  to  be  national.  It  will  be  wise  by  accident,  and  bad  by 
Hj'stem." 

"  In  every  human  society,"  says  the  celebrated  Beccaria,  "  there 
is  an  effort  continually  tending  to  confer  on  one  part  the  height  of 
power  and  happiness,  and  to  reduce  the  other  to  the  extreme  of 


INTRODUCTORY    REMARKS.  XXIX 

weakness  and  misery.  The  intent  of  good  laws  is  to  oppose  this 
effort,  and  to  diffuse  their  influence  universally  and  equally  ;"  and 
Montesquieu  declares  that,  "In  a  free  state,  every  man,  who  is  sup- 
posed a  free  agent,  ought  to  be  concerned  in  his  own  government ; 
therefore  the  legislative  power  should  reside  in  the  whole  body  of 
the  people,  or  their  representatives.  The  political  liberty  of  the 
citizen  is  a  tranquillity  of  mind,  arising  from  the  opinion  each  per- 
son has  of  his  safety.  In  order  to  have  this  liberty,  it  is  requisite 
the  government  be  so  constituted,  as  that  one  man  need  not  be 
afraid  of  another.  The  enjoyment  of  liberty,  and  even  its  support 
an.l  preservation,  consists  in  every  mail's  being  a/lowed  to  speak  his 
t/wu^hfs,  and  lay  open  his  sentiments.''1 

The  compiler  will  next  propose  to  his  fellow-citizens  the  advice 
of  a  profound  philosopher,  as  to  the  proper  mode  of  preserving  the 
independence  of  the  mind,  which  is  alike  applicable  to  every  free- 
born  American  citizen,  and  points  out  the  means  by  which  the  na- 
tive talent,  the  integrity  of  heart,  and  the  indomitable  spirit  of  the 
people,  guided  by  patriotism,  will  be  rendered  available  in  the  pre- 
servation of  the  purity  of  the  government,  and  of  their  own  liber- 
ties It  is  submitted,  that  a  copy  of  this  edition  of  the  Constitu- 
tion be  in  the  possession  of  every  citizen  capable  of  reading  and 
understanding  the  meaning  of  language,  before  whom  the  following 
instructions  of  Locke  would  then  be  placed  : 

"  Reading  is  for  the  improvement  of  the  understanding." 

"  The  improvement  of  the  understanding  is  for  two  ends  :  first, 
for  our  own  increase  of  knowledge;  secondly,  to  enable  us  to  de- 
liver and  make  out  that  knowledge  to  others." 

"  I  hope  it  will  not  be  thought  arrogance  to  say,  that  perhaps  we 
should  make  greater  progress  in  the  discovery  of  rational  and  con- 
templative knowledge,  if  we  sought  it  in  the  fountain — in  the  con- 
sideration of  things  themselves — and  made  use  rather  of  our  own 
thoughts  than  other  men's  to  find  it;  for  I  think  we  may  as  ration- 
ally hope  to  see  with  other  men's  eyes,  as  to  know  by  other  men's 
understandings.  So  much  as  we  ourselves  consider  and  compre- 
hend of  truth  and  reason,  so  much  we  possess  of  real  and  true 
knowledge.  The  floating  of  other  men's  opinions  in  our  brains 

makes  us  not  one  jot  the  more  knowing,  though  they  happen  to  be 

3 


XXX  INTRODUCTORY    REMARKS. 

true.  What  in  them  was  science,  is  in  us  but  opiniatrety  ;  whilst 
we  give  up  our  assent  only  to  reverend  names,  and  do  not,  as  they 
did,  employ  our  own  reason  to  understand  those  truths  which  gave 
them  reputation.  Aristotle  was  certainly  a  knowing  man,  but  no- 
body ever  thought  him  so,  because  he  blindly  embraced,  or  confi- 
dently vented,  the  opinions  of  another.  And  if  the  taking  up  ano- 
ther's principles,  without  examining  them,  made  not  him  a  philoso- 
pher, I  suppose  it  will  hardly  make  anybody  else  so.  In  the 
sciences,  every  one  has  so  much  as  he  really  knows  and  compre- 
hends ;  what  he  believes  only,  and  takes  upon  trust,  are  but  shreds, 
which,  however  well  in  the  whole  piece,  make  no  considerable 
addition  to  his  stock  who  gathers  them.  Such  borrowed  wealth, 
like  fairy  money,  though  it  were  gold  in  the  hand  from  which  he 
received  it,  will  be  but  leaves  and  dust  when  it  comes  to  use." 

"  How  many  men  have  no  other  ground  for  their  tenets  than  the 
supposed  honesty,  or  learning,  or  number,  of  those  of  the  same  pro- 
fession .  As  if  honest  or  bookish  men  could  not  err,  or  truth  were 
to  be  established  by  the  vote  of  the  multitude ;  yet  this,  with  most 
men,  serves  the  turn." 

"  All  men  are  liable  to  error,  and  most  men  are,  in  many  points, 
by  passion  or  interest,  under  temptation  to  it.  If  we  could  but  see 
the  secret  motives  that  influenced  the  men  of  name  and  learning  in 
the  world,  and  the  leaders  of  parties,  we  should  not  always  find 
that  it  was  the  embracing  of  truth,  for  its  own  sake,  that  made 
them  espouse  the  doctrines  they  owned  and  maintained.  This  at 
least  is  certain,  there  is  not  an  opinion  so  absurd  which  a  man  may 
not  receive  upon  this  ground.  There  is  no  error  to  be  named, 
which  has  not  had  its  professors;  and  a  man  shall  never  want 
crooked  paths  to  walk  in,  if  he  thinks  that  he  is  in  the  right  way 
wherever  he  has  the  footsteps  of  others  to  follow." 

It  is  not  hence  to  be  inferred,  however,  that  the  opinions  and  the 
judgment  of  the  wise  and  the  good  are  to  be  disregarded,  and  more 
especially  are  we  not  permitted  to  treat  with  irreverence  the  politi- 
cal loctrines  and  maxims  of  the  fathers  of  the  republic,  whose  wis- 
dom and  counsel,  and  devoted  patriotism,  gave  being  to  the  Decla- 
ration of  our  independence  and  the  Constitution  of  our  country. 
In  the  fundamental  principles  of  our  Government,  on  what  can  the 


INTRODUCTORY    REMARKS.  XXXI 

American  mind  and  faith  repose  with  as  much  confidence  and 
safety  as  the  expositions  contained  in  the  "Federalist,  an  incom- 
parable commentary  of  three  of  the  greatest  statesmen  of  their  age," 
in  the  extraordinary  judgments  of  the  supreme  judicial  tribunal, 
and  the  solid  wisdom  embodied  in  the  constitutional  commentaries 
of  those  who  have  imparted  dignity  and  purity  to  the  moral  ermine 
which  ornaments  that  august  tribunal? 

Nor  can  the  American  people  look  to  any  source  more  entitled 
to  their  confidence,  for  an  exposition  of  the  essential  principles  of 
our  Government,  and,  consequently,  those  which  ought  to  shape  its 
administration,  than  to  the  farewell  address  of  the  "  Father  of  his 
country,"  (contained  in  this  compilation,)  and  to  the  principles 
proclaimed  by  the  "Fathers"  of  the  memorable  Declaration  and  of 
the  immortal  Constitution,  when  respectively  "called  upon  to  un- 
dertake the  duties  of  the  first  executive  office  of  our  country." 

Thomas  Jefferson  declared  those  principles  to  be — "  Equal  and 
exact  justice  to  all  men,  of  whatever  state  or  persuasion,  religious 
or  political ;  for  having  banished  from  our  land  that  religious  intole- 
rance under  which  mankind  so  long  bled  and  suffered,  we  have  yet 
gained  little,  if  we  countenance  a  political  intolerance,  as  despotic, 
as  wicked,  and  capable  of  as  bitter  and  bloody  persecutions  ;  peace, 
commerce,  and  honest  friendship  with  all  nations,  entangling  alli- 
ances with  none ;  the  support  of  the  State  governments  in  all  their 
rights,  as  the  most  competent  administrations  for  our  domestic  con- 
cerns, and  the  surest  bulwarks  against  anti-republican  tendencies ; 
the  preservation  of  the  General  Government  in  its  whole  constitu- 
tional vigor,  as  the  sheet-anchor  of  our  peace  at  home  and  safety 
abroad ;  a  jealous  care  of  the  right  of  election  by  the  people ;  a 
mild  and  safe  corrective  of  abuses  which  are  lopped  by  the  sword 
of  revolution,  where  peaceful  remedies  are  unprovided  ;  absolute 
acquiescence  in  the  decisions  of  the  majority,  the  vital  principle  of 
republics,  from  which  is  no  appeal  but  to  force,  the  vital  principle 
and  immediate  parent  of  despotism  ;  a  well-disciplined  militia,  our 
best  reliance  in  peace  and  for  the  first  moments  of  war,  till  regulars 
may  relieve  them  ;  the  supremacy  of  the  civil  over  the  military 
authority;  economy  in  the  public  expense,  that  labor  may  be 
lightly  burthened ;  the  honest  payment  of  our  debts,  and  sacred 


XXXll  INTRODUCTORY    REMARKS. 

preservation  of  the  public  faith;  encouragement  of  agriculture,  and 
of  commerce  as  its  handmaid  ;  the  diffusion  of  information,  and 
arraignment  of  all  abuses  at  the  bar  of  the  public  reason;  freedom 
of  religion  ;  freedom  of  the  press  ;  and  freedom  of  person  under  the 
protection  of  the  habeas  corpus ;  and  trial  by  juries  impartially 
selected.  These  principles  form  the  bright  constellation  which 
has  gone  before  us,  and  guided  our  steps  through  an  age  of  revolu- 
tion and  reformation.  The  wisdom  of  our  sages,  and  blood  of  our 
heroes,  have  been  devoted  to  their  attainment :  they  should  be  the 
creed  of  our  political  faith  ;  the  text  of  civic  instruction  ;  the  touch- 
stone by  which  to  try  the  services  of  those  we  trust ;  and  should 
we  wander  from  them  in  moments  of  error  or  of  alarm,  let  us  has- 
ten to  retrace  our  steps,  and  to  regain  the  road  which  alone  leads 
to  peace,  liberty,  and  safety." 

James  Madison,  equally  pursuing  the  principles  .of  the  Constitu- 
tion, declared  the  purposes  of  Government  to  be: 

"  To  cherish  peace  and  friendly  intercourse  with  all  nations 
having  correspondent  dispositions ;  to  maintain  sincere  neutrality 
towards  belligerent  nations  ;  to  prefer,  in  all  cases,  amicable  discus- 
sion and  reasonable  accommodation  of  differences,  to  a  decision  of 
them  by  an  appeal  to  arms ;  to  exclude  foreign  intrigues,  and  for- 
eign partialities,  so  degrading  to  all  countries,  and  so  baneful  to 
free  ones;  to  foster  a  spirit  of  independence,  too  just  to  invade  the 
rights  of  others,  too  proud  to  surrender  our  own,  too  liberal  to  in- 
dulge unworthy  prejudices  ourselves,  and  too  elevated  not  to  look 
down  upon  them  in  others ;  to  hold  the  union  of  the  States  as  the 
basis  of  their  peace  and  happiness;  to  support  the  Constitution, 
which  is  the  cement  of  the  Union,  as  well  in  its  limitations  as  in 
its  authorities ;  to  respect  the  rights  and  authorities  reserved  to  the 
States,  and  to  the  people,  as  equally  incorporated  with,  and  essen- 
tial to  the  success  of,  the  general  system  ;  to  avoid  the  slightest 
interference  with  the  rights  of  conscience,  or  the  functions  of  reli- 
gion, so  wisely  exempted  from  civil  jurisdiction  ;  to  preserve,  in 
their  full  energy,  the  other  salutary  provisions  in  behalf  of  private 
and  personal  rights,  and  of  the  freedom  of  the  press ;  to  observe 
economy  in  public  expenditures;  to  liberate  the  public  resources 
:>y  an  honorable  discharge  of  the  public  debts ;  to  keep  within  the 


INTRODUCTORY    REMARKS.  XXX111 

requisite  limits  a  standing  military  force,  always  remembering  that 
an  armed  and  trained  militia  is  the  firmest  bulwark  of  republics—- 
that without  standing  armies  their  liberty  can  never  be  in  danger, 
nor  with  large  ones  safe;  to  promote,  by  authorized  means,  im- 
provements friendly  to  agriculture,  to  manufactures,  and  to  external 
as  well  as  internal  commerce;  to  favor,  in  like  manner,  the  advance- 
ment of  science  and  the  diffusion  of  information,  as  the  best  ali- 
ment to  true  liberty ;  to  carry  on  the  benevolent  plans  which  have 
been  so  meritoriously  applied  to  the  conversion  of  our  aboriginal 
neighbors  from  the  degradation  and  wretchedness  of  savage  life,  to 
a  participation  of  the  improvements  of  which  the  human  mind  and 
manners  are  susceptible  in  a  civilized  state.  As  far  as  sentiments 
and  intentions  such  as  these  can  aid  the  fulfilment  of  my  duty,  they 
will  be  a  resource  which  cannot  fail  me.  But  the  source  to  which 
I  look  for  the  aids  which  alone  can  supply  my  deficiencies,  is  in 
the  well-tried  intelligence  and  virtue  of  my  fellow-citizens,  and 
in  the  counsels  of  those  representing  them  in  the  other  departments 
associated _in  the  care  of  the  national  interests.  In  these,  my  confi- 
dence will,  under  every  difficulty,  be  best  placed,  next  to  that  which 
we  have  all  been  encouraged  to  feel  in  the  guardianship  and  guid- 
ance of  that  Almighty  Being  whose  power  regulates  the  destiny  of 
nations,  whose  blessings  have  been  so  conspicuously  dispensed  to 
this  rising  republic,  and  to  whom  we  are  bound  to  address  our  de- 
vout gratitude  for  the  past,  as  well  as  our  fervent  supplications  and 
best  hopes  for  the  future." 

The  citizens  of  these  United  States  were  blessed  with  the  virtue, 
the  fortitude,  and  the  perseverance  to  achieve  their  independence 
as  a  nation ;  their  patriotism  and  valor,  both  by  sea  and  on  land, 
brought  them,  with  increased  honor,  through  the  "  second  war  of 
independence,"  and  through  all  the  trials  and  difficulties  by  which 
they  have,  from  time  to  time,  been  environed,  both  as  respects  theii 
foreign  and  domestic  relations  ;  and  it  is  only  necessary  for  them 
to  have  "  light"  as  regards  the  fundamental' law,  and  the  operations 
of  the  Government,  to  enable  them  to  judge  of  the  fidelity  of  those 
whom  they  periodically  intrust  with  the  power  which  alone  belongs 
to  themselves  as  a  nation  of  freemen,  the  proper  use  and  application 
of  which  powei  is  so  vitally  necessary  to  the  preservation  of  their 

3* 


XXXIV  INTRODUCTORY    REMARKS. 

own  liberties  and  best  interests,  and  the  perpetuity  of  our  insti- 
tutions. 

"  Light,  true  light  in  the  mind,"  says  Locke,  "  is  or  can  be  no- 
thing else  but  the  evidence  of  the  truth  of  any  proposition  ;  and  if 
it  be  not  a  self-evident  proposition,  all  the  light  it  has,  or  can  have, 
is  from  the  clearness  and  validity  of  those  proofs  upon  which  it  is 
received.  To  talk  of  any  other  light  in  the  understanding,  is  to 
put  ourselves  in  the  dark,  or  in  the  power  of  the  Prince  of  Dark- 
ness, and  by  our  own  consent,  to  give  ourselves  up  to  delusion  ;  for, 
if  strength  of  persuasion  be  the  light  which  must  guide  us,  I  ask 
how  shall  any  one  distinguish  between  the  delusions  of  Satan  and 
the  inspirations  of  the  Holy  Ghost  V 

Subtleties  and  authoritative  corruscations  have  been  repudiated 
by  pure  and  true-hearted  sages  and  statesmen ;  the  advice  of  some 
of  the  most  profound  of  whom,  has  been  characterized  by  the  sim- 
plicity of  manner  and  of  language  in  which  they  have  borne  wit- 
ness to  truth.  Judge  Story  has  remarked,  that  "  upon  subjects  of 
Government  it  has  always  appeared  to  me,  that  metaphysical  refine- 
ments are  out  of  place.  A  constitution  of  government  is  addressed 
to  the  common  sense  of  the  people,  and  never  was  designed  for 
trials  of  logical  skill,  or  visionary  speculation." 

Of  a  constitution  so  wisely  contrived,  so  strongly  raised,  and  so 
highly  finished,  it  is  hard  to  speak  with  that  praise  which  is  justly 
and  severely  its  due :  the  thorough  and  attentive  contemplation  of 
it  will  furnish  its  best  panegyric.  To  sustain,  to  repair,  to  beau- 
tify this  noble  pile,  is  a  charge  intrusted  principally  to  the  people 
and  their  constitutional  representatives,  in  all  the  branches  of  the 
Government. 

If  honor  and  confidence,  in  a  pre-eminent  degree,  are,  with  i 
portion  of  their  power,  conferred  by  the  people  upon  the  Chief 
Executive  Magistrate,  the  guardianship  of  the  national  honor  is 
in  no  less  a  degree  conferred  upon  their  representatives  in  the  two 
Houses  of  Congress,  the  intrinsic  dignity  of  whose  official  cha- 
racter, in  every  moral  point  of  view,  transcends  that  of  every  other 
legislative  assembly,  in  so  much  as  our  Constitution  excels  that 
of  every  other  human  government ;  and  while  the  Constitution, 
practically  animated  by  the  people,  thus  confers  honor  and  dignity 


INTRODUCTORY    REMARKS.  XXXV 

upon  Congress,  to  them  it  is  given  to  stand  by  the  Constitution, 
in  spirit  and  in  truth,  inflexibly  maintaining  its  principles — the 
principles  of  union,  of  liberty,  of  justice,  of  domestic  tranquillity, 
of  common  defence,  and  of  the  general  welfare.  The  Constitution 
and  the  Government,  thus  reciprocally  animating  and  being  ani- 
mated, illustrates  the  beau  ideal  of  good  government — one  of  the 
choicest  gifts  of  God  to  man. 

The  protection  of  the  liberty  of  the  United  States  of  America  is 
a  duty  which  they  owe  to  themselves,  who  enjoy  it;  to  their  ances- 
tors, who  transmitted  it  down ;  and  to  their  posterity,  who  will 
claim  at  their  hands  this,  the  best  birthright,  the  noblest  inherit- 
ance of  mankind. 

To  conclude,  in  the  language  of  Judge  Story — 

"If,  upon  a  closer  survey  of  all  the  powers  given  by  the  Consti- 
tution, and  all  the  guards  upon  their  exercise,  we  shall  perceive 
still  stronger  inducements  to  fortify  this  conclusion,  and  to  increase 
our  confidence  in  the  Constitution,  may  we  not  justly  hope,  that 
every  honest  American  will  concur  in  the  dying  expression  of  Fa- 
ther  Paul,  'may  it  be  perpetual !'  " 

ESTO   PERPETUAL'! 


CONTENTS. 


AN   ANALYTICAL.  INDEX  OF  THE  CONSTITUTION  AND  AMENDMENTS  WILL  BS 

SEEN  AT  PAGE  38,  AND  AN   INDEX   TO  THE  RESIDUE  OF  THE  MATTEK  CONTAINED  IK 
T1I1S  VOLUME  WILL,  BE  FOUND  AT  THE  CONCLUSION  OF  THE  BOOK. 


CHAPTER  1. 

1.  THE  CONSTITUTION  OF  THE  UNITED  STATES 1 

2.  The  dates  of  ratification  of  the  Constitution  by  the  Thirteen  original  States  24 

3.  THE  ARTICLES  OF  AMENDMENT  TO  THE  CONSTITUTION---.  25 

4.  The  verification  of  the  Constitution  and  amendments  by  the  Secretary  of 

State 31 

6.  The  Headings  and  dates  of  ratification  of  the  amendments  of  the  Constitu- 
tion   4 33 

«.  AN  ANALYTICAL  INDEX  OF  THE  CONSTITUTION  as  amended  38 

CHAPTER  2. 

Introductory  remarks  to  this  Chapter 129 

OFFICIAL  PROCEEDINGS,  AND  THE  CAUSES  WHICH  LED  TO 
THE  ADOPTION  AND  RATIFICATION  OF  THE  CONSTITU- 
TION OF  THE  UNITED  STATES,  viz: 130 

1.  REPORT  OF  A  COMMITTEE   OF  THE   CONGRESS   OF  THE   CON- 

FEDERATION, on  the  objections  of  one  of  the  States  to  confer  certain 
powers  on  Congress  with  regard  to  revenue  and  commerce.  16th  De- 
cember, 1782 131 

2.  ADDRESS  OF  CONGRESS  TO  THE  STATES,  calling  upon  their  jus- 

tice and  plighted  faith,  and  representing  the  consequences  of  a  failure 
on  their  part  to  sustain  the  Government  and  provide  for  its  wants.  26th 
April,  17S3 139 

3.  PREAMBLE  AND   RESOLUTIONS   OF  CONGRESS,  presenting  the 

exposed  condition  of  the  trade  and  commerce  with  foreign  countries, 
and  the  destructive  effect  of  foreign  policy,  and  recommending  that 
power  for  their  protection  be  vested  in  Congress.  30th  April,  1784- •••  140 

4.  REPORT  OF  A  COMMITTEE  OF  CONGRESS,  with  a  statement  of  the 

reasons  why  the  States  should  confer  upon  Congress  the  powers  therein 

enumerated.     !3th  July,  17S5 142 

6.  REPORT  OF  A  COMMITTEE  OF  CONGRESS,  showing  the  failure 
of  the  Slates  to  comply  with  the  requisitions  of  Congress,  and  the  neces- 
sity for  a  complete  accession  of  all  the  States  to  the  Revenue  System. 

15th  February,  1786 - 140 

xxxvii 


XXXY111  CONTENTS. 

6.  REPORT  OF  A  COMMITTEE  OF  CONGRESS,  relating  to  the  con- 

tinued non-compliance  of  some  of  the  States  with  the  requisitions  of  Con- 
gress, and  recommending  the  subject  again  to  their  consideration. 
3d  March,  1788 150 

7.  REPORT  OF  A  COMMITTEE  OF  CONGRESS  again  earnestly  recom- 

mending the  subject  to  the  consideration  of  the  States.  23d  October, 
1786 151 

8.  BRIEF    HISTORICAL    VIEW    OF   THE    ACTS   OF  THE   STATES 

which  led  to  the  formation  and  adoption  of  the  Constitution  of  the  L  nited 
States 153 

9.  RESOLUTION  OF  CONGRESS  appointing  committees  to  repair  to  the 

States,  to  make  such  representations  as  might  induce  them  to  carry  the 
requisitions  of  Congress  into  effect  with  the  greatest  despatch.  22d  May, 
1782 -r 155 

10.  RESOLUTIONS  OF  THE  LEGISLATURE  OF  NEW  YORK,  on  the 

critical  condition  of  affairs. — that  the  existing  system  exposed  the  com- 
mon cause  to  a  precarious  issue, — that  the  defects  of  the  Confederation 
should  be  speedily  repaired,  and  recommending  a  General  Convention 
of  the  States  for  that  purpose.  21st  July,  1782 155 

11.  RESOLUTIONS   OF   THE  LEGISLATURE  OF  VIRGINIA,  recom- 

mending to  the  States  to  empower  Congress  tf>  regulate  the  trade  and 
commerce  of  the  country.  30th  November,  1785 158 

12.  RESOLUTION  OF  THE  LEGISLATURE  OF  VIRGINIA,  appointing 

commissioners  to  meet  others  to  be  appointed  by  the  several  States,  to 
take  into  consideration  the  trade  and  commerce,  and  to  empower  Con- 
gress effectually  to  provide  for  the  same.  21st  January,  1780 160 

13.  PROCEEDINGS  AND  REPORT  OF  THE  COMMISSIONERS  FROM 

SEVERAL  OF  THE  STATES,  AT  ANNAPOLIS,  recommending  a 
Convention  to  meet  at  Philadelphia,  with  ample  powers  to  adopt  a  Con- 
stitution adequate  to  the  exigencies  of  the  Union.  ll-14th  September, 
17-S 181 

14.  PROCEEDINGS    AND    RESOLUTION    OF    CONGRESS    OF    THE 

CONFEDERATION,  calling  a  Convention  at  Philadelphia,  to  render 
the  Constitution  adequate  to  the  exigencies  of  the  Government  and  the 
preservation  of  the  Union.  21st  February,  1787 164 

15.  ACTS  OF  THE  SEVERAL   STATES   FOR  THE  APPOINTMENT  OF 

DEPUTIES  TO  MEET  IN  CONVENTION  WITH  POWER  TO 
FORM  A  CONSTITUTION  OF  GOVERNMENT,  viz. : 

VIRGINIA.     16th  October,  1786 167 

NEW  JERSEY.    23d  November.  17S6 170 

PENNSYLVANIA.    30th  December,  1786 172 

NORTH  CAROLINA.    6th  January,  17*7 • 174 

DELAWARE.    3d  February,  1787 177 

GEORGIA.    10th  February,  1787 179 

NEW  YORK.    2Sth  February,  1787 181 

SOUTH  CAROLINA.    8th  March,  1787 182 

MASSACHUSETTS.    10th  March,  1787 183 


CONTENTS.  XXXIX 

CONNECTICUT.    10th  May,  1787 184 

MARYLAND.    20th  May,  1787 1S5 

NEW  HAMPSHIRE.    27th  June,  1787 186 

16.  LETTER  OF  GEORGE  WASHINGTON,  the  President,  with  Resolu- 

tions of  the  Convention,  laying  the  Constitution  before  Congress,  to  he 
transmitted  to  the  several  States  to  be  submitted  to  Conventions  thereof 
for  ratification.  17th  September,  1787 187 

17.  RESOLUTION  OF  CONGRESS,  transmitting  the  same  to  the  States  ac- 

cordingly.   23th  September,  1787 189 

18.  PREAMBLE  AND  RESOLUTION  OF  THE  CONGRESS  OF  THE 

CONFEDERATION,  in  pursuance  of  the  resolution  of  the  Convention, 
fixing  a  day  for  the  appointment  of  electors,  a  day  for  them  to  vote  for 
President  and  Vice  President,  and  the  time  and  place  for  commencing 
proceedings  under  the  Constitution 190 

19.  BRIEF   HISTORICAL  VIEW   OF  THE   MANNER    IN   WHICH  THE 

GOVERNMENT  COMMENCED  ITS  PROCEEDINGS  UNDER  THE 
CONSTITUTION 191 

CHAPTER  3. 

1.  PROCEEDINGS  IN  THE  CONGRESS  OF  THE  UNITED  COLONIES 

respecting  Independence 198 

2.  RESOLUTION    OF  CONGRESS    DECLARING  THE  UNITED  COLO- 

NIES FREE  AND  INDEPENDENT  STATES.    2d  July,  1776 193 

3.  A    DECLARATION    BY  THE    REPRESENTATIVES    OF  THE  UNI- 

TED STATES  OF  AMERICA,  IN  CONGRESS  ASSEMBLED. 
July  4.  1776 193 

CHAPTER  4. 

1.  APPOINTMENT   OF   GEORGE   WASHINGTON   TO    BE    GENERAL 

AND  COMMANDER-IN-CHIEF  OF  THE  ARMY,  BY  THE  CON- 
GRESS OF  THE  UNITED  COLONIES,  on  the  15th  June,  1775 201 

2.  ADDRESS  OF  GEORGE  WASHINGTON,  accepting  .the  appointment 

16th  June,  1775 201 

3.  COMMISSION  OF  GEORGE  WASHINGTON  for  the  same.  17th  June, 

1775 203 

4.  RESOLUTION  OF  CONGRESS  that  they  would  maintain  and  assist 

George  Washington,  and  adhere  to  him  in  the  maintenance  and  preser- 
vation of  American  liberty,  with  their  lives  and  fortunes.  17th  June, 
1775 203 

5.  ADDRESS  OF  THE  PRESIDENT  OF  CONGRESS  of  the  Confedera- 

tion to  George  Washington,  on  the  termination  of  the  war.  26th  August, 
1783 203 

6.  REPLY  OF  GEORGE  WASHINGTON  to  the  same.    26th  August,  17&3  204 

7.  INSCRIPTION  AND  REMARKS  CONCERNING  HOUDON'S  STATUE 

OF  WASHINGTON 206 


XI  CONTENTS. 

8.  RESIGNATION   BY   GEORGE  WASHINGTON  of  the  office  cf  Com- 

mander-in-chief of  the  army  to  Congress.    23d  December,  1733 308 

9.  ANSWER  OF  THOMAS  MIFFLIN,  President  of  Congress,  to  the  same. 

23d  December,  17S3 209 

10.  ELECTION  OF  GEORGE  WASHINGTON,  as  President  of  the  United 

States,  and  his  inaugural  address.    30th  April,  17s9 210 

11.  FAREWELL  ADDRESS  OF  GEORGE  WASHINGTON,  President,  to 

the  people  of  the  United  States.    17th  September,  1796 215 

12.  APPOINTMENT    OF    GEORGE    WASHINGTON    TO    BE    LIEUTE- 

NANT-GENERAL AND  COMMANDER-IN-CHIEF  OF  ALL  THE 
ARMIES  RAISED  OR  TO  BE  RAISED  IN  THE  UNITED  STATES. 
3d  July,  1793 ,- 231 

13.  TO  THE  MEMORY  OF   GEORGE  WASHINGTON.     Proceedings  of 

the  national  authorities  on  the  death  of  George  Washington.  14th  De- 
cember, 1799 240 

CHAPTER  5. 

1  INTRODUCTORY  REMARKS  TO  THIS  CHAPTER 269 

2  Inaugural  address  of  GEORGE  WASHINGTON.    (Vide  Chapter  4,  Arti- 

cle 9.)    30lh  April,  1789 211 

3  Inaugural  address  of  JOHN  ADAMS.    4th  March,  1797 270 

4  Inaugural  address,  first  term  of  THOMAS  JEFFERSON.    4th  March, 

1801 275 

5  inaugural  address,  second  term  of  THOMAS  JEFFERSON.    4th  March, 

1805 279 

0   Inaugural  address,  first  term  of  JAMES  MADISON.    4th  March,  1809-  •  2S3 


CHAPTER  6. 

GENERAL  LAW'S  relating  to  the  continued  organization  of  the  Government, 
and  providing  the  authorities  and  means  of  executing  the  Constitution 
in  certain  contingencies,  and  for  other  purposes 287 

1.  AN  ACT  to  regulate  the  lime  and  manner  of  administering  certain  oaths. 

This  act  prescribes  the  form  of  the  oath  to  support  the  Constitution,  and 
the  officers  and  persons  by  whom  it  shall  be  taken.  1st  June,  17o9 237 

2.  AN  ACT  for  the  punishment  of  certain  crimes.    Sections  25, 26,  :J7,  and  28, 

provide  for  the  protection  of  foreign  Ambassadors  and  other  public  Min- 
isters and  domestics.  30th  April,  1790 289 

3.  AN  ACT  to  prescribe  the  mode  in  which  the  public  acts,  records,  and 

judicial  proceedings,  in  each  State,  shall  be  authenticated  so  as  to  take 
effect  in  every  other  State.  26th  May.  1790 290 

4.  AN  ACT  supplemental  to  the  act  establishing  the  Treasury  Department, 

and  for  a  larther  compensation  to  certain  officer*.  Sec.  2  requires 
every  officer  and  clerk  in  the  several  Departments  of  the  United  Slate* 
to  take  an  oath  to  support  the  Constitution.  3d  March,  1791 290 


CONTENTS.  Xli 

6.  AN  ACT  relative  to  the  election  of  a  President  and  Vice  President  of  the 
United  States,  and  declaring  the  officer  who  shall  act  as  President  in  case 
of  vacancies  in  the  offices  both  of  President  and  Vice  President.  1st  March, 
1792 291 

6.  AN  ACT  providing  compensation  to  the  President  and  Vice  President  of  the 

United  States.    18th  February,  1193. 

7.  AN  ACT  to  authorize  certain  officers  and  other  persons  to  administer  oaths. 

3d  May,  1798 294 

8.  AN  ACT  supplementary  to  the  act,  entitled  An  act  to  prescribe  the  mode  in 

which  the  public  acts,  records,  and  judicial  proceedings  in  each  State  shall 
he  authenticated  so  as  to  take  effect  in  every  other  State.  27th  March, 
1804 , • 294 

9.  AN  ACT  to  extend  the  provisions  of  the  act  to  authorize  certain  officers  and 

other  persons  to  administer  oaths,  approved  May  3,  1798.  8th  February, 
1817 295 

10.  AN  ACT  to  provide  for  the  publication  of  the  laws  of  the  United  States,  and 

for  other  purposes.    20th  April,  1818 295 

11.  AN  ACT  in  addition  to  the  "  Act  for  the  punishment  of  eertain  crimes  against 

the  United  States,"  and  to  repeal  the  acts  therein  mentioned.  20th  April, 
1818 296 

12.  AN  ACT  making  compensation  to  the  persons  appointed  by  the  electors  to 

deliver  the  votes  for  President  and  Vice  President,    llth  February,  1825'  •  300 

13.  AN  ACT  for  the  apportionment  of  Representatives  among  the  several  States 

according  to  the  sixth  census.  Sec.  2  provides  for  the  election  of  Repre- 
sentatives by  Districts.  25th  June,  1842 300 

14.  AN  ACT  to  provide  further  remedial  justice  in  the  courts  of  the  United 

States.    29th  August,  1842 301 

15.  AN  ACT  to  establish  a  uniform  time  for  holding  elections  for  electors  of 

President  and  Vice  President  in  all  the  States  of  the  Union.  23d  January, 
1845 302 

16.  AN  ACT  to  provide  for  the  distribution  of  the  edition  of  the  Laws  and  Trea- 

ties of  the  United  States,  published  by  Little  &  Brown,  under  the  provisions 
of  the  resolutions  of  Congress,  approved  March  3, 1845,  and  for  other  pur- 
poses. 8th  August,  1846 302 

17.  AN  ACT  for  giving  effect  to  certain  treaty  stipulations  between  this  and  fo- 

reign governments,  for  the  apprehension  and  delivering  up  of  certain 
offenders.  12  August,  1848. 305 

18.  AN  ACT  providing  for  the  taking  of  the  seventh  and  subsequent  censuses  of 

the  United  States,  and  to  fix  the  number  of  members  of  the  House  of  Re- 
presentatives, and  to  provide  for  their  future  apportionment  among  the 
several  States.  23d  May,  1850 305 

19.  An  act  to  authorize  Notaries  Public  to  take  and  certify  oaths,  affirmations,  and 

acknowledgments  in  certain  cases.    16th  September,  1850 306  • 

20.  A  RESOLUTION  relating  to  the  publication  of  the  Laws  of  the  United  States. 

26th  September,  1850 307 

4 


X  CONTENTS. 

CHAPTER  7. 
EXPLANATORY  NOTES  OF  THE  FOLLOWING  TABLES 309 

1.  TABLES    OF   ELECTORAL    VOTES   FOR    PRESIDENT   AND  VICE 

PRESIDENT  of  the  United  States,  from  March  4,  1789,  to  March  3, 
1849 315 

2.  TABLE  OF  TERMS  OF  OFFICE,  AND  LENGTH  OF  SERVICE,  IN 

THE  SENATE,  OF  THE  VICE  PRESIDENTS  AND  PRESI- 
DENTS PRO  TEMPORE;  and  of  the  commencement,  termination, 
and  number  of  days  in  each  session  of  Congress,  and  special  session  of 
the  Senate,  from  March  4,  17&9,  to  March  3,  1851 336 

3.  TABLES  OF  THE  NAMES  OF  THE  SENATORS  OF  THE  UNITED 

STATES,  from  March  4,  17^9,  to  March  3, 1851,  with  the  commence- 
ment and  termination  of  their  service,  respectively,  and  the  classes  into 
which  they  are  divided  under  the  Constitution 346 

4.  TABLE  OF  THE  NAMES  OF  THE  SECRETARIES  OF  THE  SENATE 

OF  THE  UNITED  STATES,  from  Mttrch  4,  1789,  with  the  length  of 
their  service  respectively 385 

5.  TABLE  OF  THE  NAMES  OF  REPRESENTATIVES  IN  CONGRESS 

WHO  HAVE  BEEN  ELECTED  SPEAKERS  OF  THE  HOUSE  OF 

REPRESENTATIVES,  from  March  4,  17S9,  to  March  3, 1851,  with  the 
commencement  and  termination  of  their  service  as  such,  and  the  States 
of  which  they  were  Representatives 386 

6.  TABLE  OF  THE  NAMES  OF  THE  CLERKS  OF  THE  HOUSE 

OF  REPRESENTATIVES  OF  THE  UNITED  STATES,  from  March 
4,  1789,  with  the  length  01"  their  service,  respectively  •  388 

CHAPTER  8. 

THE  NAMES,  APPOINTMENT,  AND  SERVICE  OF  THE  JUDGES 
AND  OFFICERS  OF  THE  SUPREME  COURT  OF  THE  UNITED 
STATES,  from  March  4.1789,  viz. 389 

1.  THE    CHIEF    JUSTICES    OF   THE    SUPREME   COURT   OF   THE 

UNITED  STATES 389 

2.  THE  ASSOCIATE  JUSTICES  OF  THE  SUPREME  COURT  OF  THE 

UNITED  STATES 390 

3.  THE  CLERKS,  REPORTERS  OF  DECISIONS,  AND  MARSHALS  OF 

THE  SUPREME  COURT  OF  THE  UNITED   STATES 393 

CHAPTER  9. 

THE  NAMES,  APPOINTMENT,  AND  SERVICE  OF  THE  SEVERAL 
HIGH  EXECUTIVE  OFFICERS  OF  THE  GOVERNMENT,  from 
March  4,  1789,  viz. 395 

1.  SECRETARIES  OF  STATE 395 

2.  SECRETARIES  OF  THE  TREASURY 396 

3.  S-ORETARIES  OF  WAR 398 


CONTENTS.  Xliii 

4.  SECRETARIES  OF  THE  NAVY 399 

6.  POSTMASTER  GENERALS 401 

6.  ATTORNEY  GENERALS 402 

CHAPTER  10. 

BRIEF  CHRONOLOGICAL  STATEMENT  OF  THE  FORMATION  OF  THE  GO- 
VERNMENTS OF  THE  SEVERAL  STATES  AND  TERRITORIES  OF 
THE  UNITED  STATES 405 

1.  NEW  HAMPSHIRE 407        20.  MISSISSIPPI 430 

2.  MASSACHUSETTS 407        21.  ILLINOIS 431 

3.  RHODE  ISLAND 407        22.  ALABAMA 431 

4.  CONNECTICUT 407        23.  MAINE 432 

5.  NEW  YORK 407        24.  MISSOURI 433 

6.  NEW  JERSEY ~ 407        25.  ARKANSAS - 434 

7.  PENNSYLVANIA 408        26.  MICHIGAN 436 

8.  DELAWARE 408        27.  FLORIDA 436 

9.  MARYLAND 408        28.  TEXAS 439 

10.  VIRGINIA 408        29.  WISCONSIN 441 

11.  NORTH  CAROLINA 408        30.  IOWA 443 

12.  SOUTH  CAROLINA 408        31.  CALIFORNIA 445 

13.  GEORGIA 408        32.  OREGON  TERRITORY 447 

14.  VERMONT 412        33.  MINESOTA  TERRITORY 447 

15.  KENTUCKY 412  34.  NEW  MEXICO  TERRITORY  . .  448 

16.  TENNESSEE 413        35.  UTAH  TERRITORY 448 

17.  OHIO 413        36.  NEBRASKA  TERRITORY 448 

18.  LOUISIANA 429        37.  DISTRICT  OF  COLUMBIA 449 

19.  INDIANA 430 

CHAPTER  11. 

SOURCES  OF  HISTORICAL,  POLITICAL,  STATISTICAL,  AND  OTHER  INFOR- 
MATION REGARDING  THE  LEGISLATIVE,  EXECUTIVE,  AND  JU- 
DICIAL ACTION  OF  THE  GOVERNMENT  OF  THE  UNITED  STATES  OF 
AMERICA,  IN  POSSESSION  OF  THE  PUBLIC  OFFICES  AT  THE  SEAT 
OF  GOVERNMENT 451 

CLASS  No  1.  THE  COLONIAL  HISTORY  of  the  United  States,  and  documen- 
tary History  of  the  Revolution 452 

CLASS  No.  2.  LEGISLATIVE  PROCEEDINGS  and  acts  of  the  Congress  of  the 
Confederation  from  the  commencement  of  the  Revolution  to  the  commence- 
ment of  the  Government  under  the  Constitution 453 

CLASS  No.  3.  THE  JOURNAL,  Acts,  and  Proceedings  of  the  Convention  which 
formed  the  Constitution  of  the  United  States,  from  May  14  to  September 
17,1787 453 

CLASS  No.  4.  THE  JOURNAL  of  the  House  of  Representatives  of  the  United 

States,  from  March  4,  1789,  to  March  3, 1851 454 

CLASS  No.  5.  THE  LEGISLATIVE  JOURNAL  of  the  Senate  of  the  United  States, 

from  March  4,  1789,  to  March  3,  1851 455 


Xliv  CONTENTS. 

CLASS  No.  6.  THE  EXECUTIVE  JOURNAL  of  the  Senate  of  the  United  States, 
from  March  4, 1789,  to  March  3, 1851.  (A  part  only  of  which,  as  explained, 
has  been  made  public.) 455 

CLASS  No.  7.  THE  JOURNAL  or  Record  of  the  Senate  on  trials  of  impeachment, 

from  March  4,  1789,  to  March  5,  1851 456 

DESCRIPTION  of  the  Legislative  Journals  of  the  Senate  and  House  of  Represen- 
tatives of  the  United  States 456 

CLASS  No.  8.  DOCUMENTS  ordered  to  be  printed  by  the  two  Houses  of  Congress 
Bince  March  4,  1789,  embraced  in  21  volumes  folio  State  Papers,  printed  by 
Gales  and  Seaton 457 

CLASS  No.  9.  DOCUMENTS  printed  in  octavo  form  by  order  of  the  Senate,  dur- 
ing each  Session,  from  March  4,  1789,  to  March  3,  1851 458 

CLASS  No.  10.  DOCUMENTS  printed  in  octavo  form  by  order  of  the  House 
of  Representatives,  during  each  session,  from  March  4,  1789,  to  March  3, 
1851 458 

CLASS  No.  11.  SPEECHES  AND  DEBATES  in  the  two  Houses  of  the  Congress 

of  the  United  States,  from  March  4,  1789,  to  March  3,  1851 459 

CLASS  No.  12.  THE  LAWS  of  the  United  States,  including  the  Treaties,  Ac.,  as 
embraced  in  the  several  editions  heretofore  published,  up  to  March  3, 
1851 461 

CLASS  No.  13.  ABRIDGMENTS  and  Digests  of  the  Laws  of  the  United  States, 

to  March,  1851 465 

CLASS  No.  14,  INDEXES  prepared  in  conformity  with  orders  or  resolutions  of 
the  Senate  and  House  of  Representatives  of  the  United  States,  to  March  3, 
1851 ~ 465 

CLASS  No.  15.  REPORTS  of  the  Decisions  of  the  Supreme  Court  of  the  United 

States,  to  the  January  term,  1851 466 

CLASS  No.  16.  PUBLICATIONS  on  the  subject  of  the  Public  Lands  and  Private 

Land  Claims,  under  the  authority  of  the  United  States,  to  March  3, 1851  •  466 

CLASS  No.  17.  REVENUE  LAWS,  Commercial  Regulations,  Digests  of  Tariff 

Laws,  Ac.,  to  March  3,  1851 467 

CLASS  No.  18.  MISCELLANEOUS  BOOKS  printed  or  published  under  the  au- 
thority or  patronage  of  the  United  States  and  not  noticed  under  particular 
heads,  to  March  3,  1851 468 

CLASS  No.  19.  MISCELLANEOUS  PUBLICATIONS  containing  useful  political, 

statistical,  and  other  information,  to  March  3,  1851 471 

CLASS  No.  20.  THE  BOOKS  contained  in  the  Congress  or  National  Library,  to 

March  3, 1851 472 

CLASS  No.  21.  THE  BOOKS  contained  in  the  Library  of  the  Department  of 

State,  to  March  3, 1851 479 

CHAPTER  12. 

THE  ARTICLES  OF  CONFEDERATION 483 

THE  MEMBERS  OF  THE  THIRTY-FIRST  CONGRESS 490 


CHAPTER  I. 

THE  CONSTITUTION, 

As  here  presented  and  authenticated  by  the  certificate  of  the 
Secretary  of  State,  after  a  continued  correction  of  proof  copies 
until  every  deviation  from  the  original  Constitution,  however  small, 
was  completely  removed,  may  with  confidence  be  used  as  a  true  copy, 
The  necessity  for  a  close  and  continued  attention  to  the  execution 
of  a  copy  of  this  important  instrument,  became  manifest  by  the  use 
of  a  printed  copy  (considered  as  correct)  to  print  from,  which,  on 
being  compared  with  the  original,  was  found  to  contain  several 
errors  in  the  words,  and  sixty-five  in  the  punctuation.  This  cir- 
cumstance led  to  a  further  comparison  of  copies,  in  several  editions 
of  the  laws,  printed  by  different  individuals,  and  it  was  found,  that 
one  edition  contained  204  and  another  176  errors  in  the  punctuation 
of  the  Constitution  !  Many  of  these  are  material  in  the  construc- 
tion of  the  sentences  in  which  they  occur. 

It  was  also  discovered,  that,  in  the  original  manuscript,  capital 
letters  were  used  at  the  beginning  of  substantives,  or  nouns,  as  is 
understood  to  have  been  the  practice  generally  in  writing  and 
printing  at  the  time  the  Constitution  was  written.  These  appear 
to  have  been  altogether  disregarded  in  the  editions  above  referred 
to,  except  in  words  at  the  beginning  of  sentences. 

As  the  construction  of  important  clauses  may,  sometimes,  turn 
unon  the  punctuation,  or  the  nature  of  a  word,  it  is  important  that 

4*  XlT 


THE   CONSTITUTION. 

the  former  be  of  the  right  measure,  and  that  the  proper  value  of  the 
latter  be  manifest,  before  the  mind  can  decide  upon  the  true  mean- 
ing, as  intended  by  the  wise  and  learned  framers  of  that  master- 
piece of  composition,  which  bears  the  impress  of  the  most  minute 
and  laborious  attention  to  the  construction  of  every  particle  of  mat- 
ter constituting  this  noble  fabric,  the  preservation  of  whose  sim- 
plicity is  the  only  safeguard  to  its  integrity. 

These  facts  induced  the  determination  to  produce  a  true  copy  of 
the  Constitution  in  text,  orthography,  letter,  and  punctuation,  and 
the  rigid  examination,  and  subsequent  verification  of  the  Depart- 
ment having  the  care  and  custody  of  the  venerated  original,  attest 
the  success  of  the  undertaking  in  the  production  of  the  following 
authentic  Constitution. 


is  Vina  &  ci  HA.  msa  ~~~- 


CONSTITUTION 

OF   TUB 

UNITED  STATES  OF  AMERICA. 

WE  the  People  of  the  United  States,  in  order  to  form 
a  more  perfect  Union,  establish  Justice,  insure  domes- 
tic Tranquillity,  provide  for  the  common  defence, 
promote  the  general  Welfare,  and  secure  the  Bless- 
ings of  Liberty  to  ourselves  and  our  Posterity,  do 
ordain  and  establish  this  CONSTITUTION  for  the  United 
States  of  America. 

ARTICLE.  I. 

SECTION.  1.  All  legislative  Powers  herein  granted 
shall  be  vested  in  a  Congress  of  the  United  States, 
which  shall  consist  of  a  Senate  and  House  of  Represen- 
tatives. 

SECTION.  2.  'The  House  of  Representatives  shall 
be  composed  of  Members  chosen  every  second  Year  bv 
the  People  of  the  several  States,  and  the  Electors  in  each 
State  shall  have  the  Qualifications  requisite  for  Electors 
of  the  most  numerous  Branch  of  the  State  Legislature. 


2  CONSTITUTION. 

*No  Person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  Age  of  twenty  five  Years,  and  been 
seven  Years  a  Citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  Inhabitant  of  that  State  in  which 
he  shall  be  chosen. 

'Representatives  and  direct  Taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within 
this  Union,  according  to  their  respective  Numbers,  which 
shall  be  determined  by  adding  to  the  whole  Number  of 
free  Persons,  including  those  bound  to  Service  for  a  Term 
of  Years,  and  excluding  Indians  not  taxed,  three  fifths 
of  all  other  Persons.  The  actual  Enumeration  shall  be 
made  within  three  Years  after  the  first  Meeting  of  the 
Congress  of  the  United  States,  and  within  every  subse- 
quent Term  of  ten  Years,  in  such  Manner  as  they  shall 
by  Law  direct.  The  Number  of  Representatives  shall 
not  exceed  one  for  every  thirty  Thousand,  but  each 
State  shall  have  at  Least  one  Representative ;  and 
until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  chuse  three,  Massachu- 
setts eight,  Rhode-Island  and  Providence  Plantations 
one,  Connecticut  five,  New- York  six,  New  Jersey 
four,  Pennsylvania  eight,  Delaware  one,  Maryland  six, 


CONSTITUTION.  3 

Virginia  ten,  North  Carolina  five,  South  Carolina  five, 
and  Georgia  three. 

4  When  vacancies  happen  in  the  Representation  from 
any  State,  the  Executive  Authority  thereof  shall  issue 
Writs  of  Election  to  fill  such  Vacancies. 

'The  House  of  Representatives  shall  chuse  their 
Speaker  and  other  Officers ;  and  shall  have  the  sole 
Power  of  Impeachment. 

SECTION.  3.  'The  Senate  of  the  United  States  shall 
be  composed  of  two  Senators  from  each  State,  chosen  by 
the  Legislature  thereof,  for  six  Years  ;  and  each  Senator 
shall  have  one  Vote. 

2 Immediately  after  they  shall  be  assembled  in  Conse- 
quence of  the  first  Election,  they  shall  be  divided  as 
equally  as  may  be  into  three  Classes.  The  Seats  of  the 
Senators  of  the  first  Class  shall  be  vacated  at  the  Ex- 
piration of  the  second  Year,  of  the  second  Class  at  the 
Expiration  of  the  fourth  Year,  and  of  the  third  Class  at  the 
Expiration  of  the  sixth  Year,  so  that  one-third  may  be 
chosen  every  second  Year ;  and  if  Vacancies  happen 
by  Resignation,  or  otherwise,  during  the  Recess  of  the 
Legislature  of  any  State,  the  Executive  thereof  may 
make  temporary  Appointments  until  the  next  Meeting 
of  the  Legislature,  which  shall  then  fill  such  Vacancies. 


4  CONSTITUTION. 

*No  Person  shall  be  a  Senator  who  shall  not  have  at- 
tained to  the  Age  of  thirty  Years,  and  been  nine  Years  a 
Citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  Inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

4  The  Vice  President  of  the  United  States  shall  be  Pre- 
sident of  the  Senate,  but  shall  have  no  Vote,  unless  they 
be  equally  divided. 

*The  Senate  shall  chuse  their  other  Officers,  and  also 
a  President  pro  tempore,  in  the  Absence  of  the  Vice  Pre- 
sident, or  when  he  shall  exercise  the  Office  of  President 
of  the  United  States. 

6  The  Senate  shall  have  the  sole  Power  to  try  all  Im- 
peachments.    When  sitting  for  that  Purpose,  they  shall 
be  on  Oath  or  Affirmation.     When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice  shall  preside : 
And  no  Person  shall  be  convicted  without  the  Concurrence 
of  two  thirds  of  the  Members  present. 

7  Judgment  in  Cases  of  Impeachment  shall  not  extend 
further  than  to  removal  from  Office,  and  Disqualification 
to  hold  and  enjoy  any  Office  of  honour,  Trust  or  Profit 
under  the  United  States :  but  the  Party  convicted  shall 
nevertheless  be  liable  and  subject  to  Indictment,  Trial, 
Judgment  and  Punishment,  according  to  Law. 


CONSTITUTION.  5 

SECTION.  4.  irThe  Times,  Places  and  Manner  of  hold- 
ing Elections  for  Senators  and  Representatives,  shall  be 
prescribed  in  each  State  by  the  Legislature  thereof;  but 
the  Congress  may  at  any  time  by  Law  make  or  alter  such 
Regulations,  except  as  to  the  places  of  chusing  Senators. 

2  The  Congress  shall  assemble  at  least  once  in  every 
Year,  and  such  Meeting  shall  be  on  the  first    Monday 
in  December,  unless  they  shall  by  Law  appoint  a  differ- 
ent Day. 

SECTION.  5.  'Each  House  shall  be  the  Judge  of 
the  Elections,  Returns  and  Qualifications  of  its  own 
Members,  and  a  Majority  of  each  shall  constitute  a 
Quorum  to  do  Business ;  but  a  smaller  Number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  Attendance  of  absent  Members,  in  such 
Manner,  and  under  such  Penalties  as  each  House  may 
provide. 

'Each  House  may  determine  the  Rules  of  its  Proceed- 
ings, punish  its  Members  for  disorderly  Behaviour,  and, 
with  the  Concurrence  of  two  thirds,  expel  a  Member. 

3  Each    House    shall    keep  a  Journal  of  its  Proceed- 
ings, and  from  time  to  time  publish  the  same,  excepting 
such  Parts  as  may  in  their  Judgment  require  Secrecy ; 
and  the  Yeas  and  Nays  of  the  Members  of  either  House 


6  CONSTITUTION. 

on  any  question  shall,  at  the  Desire  of  one  fifth  of  those 
Present,  be  entered  on  the  Journal. 

'Neither  House,  during  the  Session  of  Congress,  .shall, 
without  the  Consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  Place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

SECTION.  6.  'The  Senators  and  Representatives  shall 
receive  a  Compensation  for  their  Services,  to  be  as- 
certained by  Law,  and  paid  out  of  the  Treasury  of 
the  United  States.  They  shall  in  all  Cases,  except 
Treason,  Felony  and  Breach  of  the  Peace,  be  privi- 
leged from  Arrest  during  their  Attendance  at  the  Ses- 
sion of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same  ;  and  for  any  Speech  or  Debate 
in  either  House,  they  shall  not  be  questioned  in  any 
other  Place. 

2  No  Senator  or  Representative  shall,  durii.g  the 
Time  for  which  he  was  elected,  be  appointed  to  any 
civil  Office  under  the  Authority  of  the  United  States, 
which  shall  have  been  created,  or  the  Emoluments 
whereof  shall  have  been  encreased  during  such  time ; 
and  no  Person  holding  any  Office  under  the  United  States, 
shall  be  a  Member  of  either  House  during  his  Continu- 
ance in  Office. 


CONSTITUTION.  7 

SECTION.  7.  'All  Bills  for  raising  Revenue  shall  ori- 
ginate in  the  House  of  Representatives ;  but  the  Senate 
may  propose  or  concur  with  Amendments  as  on  other  Bills. 

2 Every  Bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  become 
a  Law,  be  presented  to  the  President  of  the  United 
States ;  If  he  approve  he  shall  sign  it,  but  if  not  he 
shall  return  it,  with  his  Objections  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  Ob- 
jections at  large  on  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two  thirds  of  that 
House  shall  agree  to  pass  the  Bill,  it  shall  be  sent,  to- 
gether with  the  Objections,  to  the  other  House,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by 

J^^^^^^^^^**"""" 

two  thirds  of  that  House,  it  shall  become  a  Law.     But 

in  all  such  Cases  the  Votes  jof  both  Houses  shall  be  de- 

\  /  v        i/"""*^' 

termined  by  yeas  and  Nays,  and  the  Names  of  the  Per- 
sons voting  for  and  against  the  Bill  shall  be  entered  on 
the  Journal  of  eabh  House  respectively.  If  any  Bill 
shall  not  be  returned  J6y  the  President  within  ten  Days 
(Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  Same  shall  be  a  law,  in  like  Manner  as  if  he 
had  signed  it,  unless  the  Congress  by  their  Adjournment 
prevent  its  Return,  in  which  Case  it  shall  not  be  a  Law 


8  CONSTITUTION. 

'Every  Order,  Resolution,  or  Vote  to  which  the  Con- 
currence of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  Adjournment) 
sh?ll  be  presented  to  the  President  of  the  United  States  ; 
and  before  the  Same  shall  take  Effect,  shall  be  approved 
by  him,  or  being  disapproved  by  him,  shall  be  repassed 
by  two  thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  Rules  and  Limitations  prescribed  in  the 
Case  of  a  Bill. 

SECTION.  8.     The  Congress  shall  have  Power 

>To  lay  and  collect  Taxes,  Duties,  Imposts  and  Ex- 
cises, to  pay  the  Debts  and  provide  for  the  common  De- 
fence and  general  Welfare  of  the  United  States ;  but  all 
Duties,  Imposts  and  Excises  shall  be  uniform  throughout 
the  United  States ; 

"To  borrow  Money  on  the  credit  of  the  United  States  ; 

3  To  regulate  Commerce  with  foreign  Nations,  and 
among  the  several  States,  and  with  the  Indian  Tribes ; 

*To  establish  an  uniform  Rule  of  Naturalization,  and 
uniform  Laws  on  the  subject  of  Bankruptcies  throughout 
the  United  States ; 

6  To  coin  Money,  regulate  the  Value  thereof,  and  of 
foreign  Coin,  and  fix  the  Standard  of  Weights  and 
Measures ; 


CONSTITUTION.  9 

'To  provide  for  the  Punishment  of  counterfeiting  the 
Securities  and  current  Coin  of  the  United  States ; 

7  To  establish  Post  Offices  and  post  Roads ; 

8  To  promote  the  progress  of  Science  and  useful  Arts,  by 
securing  for  limited  Times  to  Authors  and  Inventors  the  ex- 
clusive Right  to  their  respective  Writings  and  Discoveries  ; 

9  To  constitute  Tribunals  inferior  to  the  supreme  Court ; 

"To  define  and  punish  Piracies  and  Felonies  com- 
mitted on  the  high  Seas,  and  Offences  against  the  Law 
of  Nations ; 

11  To  declare  War,  grant  Letters  of  Marque  and  Re- 
prisal, and  make  Rules  concerning  Captures  on  Land 
and  Water ; 

12  To  raise  and  support  Armies,  but  no  Appropriation 
of  Money  to  that  Use  shall  be  for  a  longer  Term  than 
two  Years ; 

13  To  provide  and  maintain  a  Navy ; 

"To  make  Rules  for  the  Government  and  Regulation 
of  the  land  and  naval  Forces ; 

15  To  provide  for  calling  forth  the  Militia  to  execute 
the  Laws  of  the  Union,  suppress  Insurrections  and  repel 
Invasions ; 

16  To    provide    for    organizing,    arming,    and    disci- 
plining, the   Militia,  and  for   governing  such  Part  of 


10  CONSTITUTION. 

them  as  may  be  employed  in  the  Service  of  the  United 
States,  reserving  to  the  States  respectively,  the  Ap- 
pointment of  the  Officers,  and  the  Authority  of  training 
the  Militia  according  to  the  Discipline  prescribed  by 
Congress ; 

"To  exercise  exclusive  Legislation  in  all  Cases 
whatsoever,  over  such  District  (not  exceeding  ten  Miles 
square)  as  may,  by  Cession  of  particular  States,  and 
the  Acceptance  of  Congress,  become  the  Seat  of  the 
Government  of  the  United  States,  and  to  exercise 
like  Authority  over  all  Places  purchased  by  the  Con- 
sent of  the  Legislature  of  the  State  in  which  the  Same 
shall  be,  for  the  Erection  of  Forts,  Magazines,  Arse- 
nals, Dock-Yards,  and  other  needful  Buildings ; — And 

"To  make  all  Laws  which  shall  be  necessary  and 
proper  for  carrying  into  Execution  the  foregoing  Powers, 
and  all  other  Powers  vested  by  this  Constitution  in  the 
Government  of  the  United  States,  or  in  any  Department 
or  Officer  thereof. 

SECTION.  9.  ^he  Migration  or  Importation  of  such 
Persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  the  Con- 
gress prior  to  the  Year  one  thousand  eight  hundred 
and  eight,  but  a  Tax  or  Duty  may  be  imposed  on 


CONSTITUTION.  11 

such  Importation,  not  exceeding  ten  dollars  for  each 
Person. 

2  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall 
not  be  suspended,  unless  when  in  Cases  of  Rebellion 
or  Invasion  the  public  Safety  may  require  it. 

'  No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 
No  Capitation,  or  other  direct,  Tax  shall  be  laid, 
unless  in  Proportion  to  the  Census  or  Enumeration 
herein  before  directed  to  be  taken. 

*No  Tax  or  Duty  shall  be  laid  on  Articles  exported 
from  any  State. 

6  No  Preference  shall  be  given  by  any  Regulation  of 
Commerce  or  Revenue  to  the  Ports  of  one  State  over  those 
of  another :  nor  shall  Vessels  bound  to,  or  from,  one  State, 
be  obliged  to  enter,  clear,  or  pay  Duties  in  another. 

7  No   Money  shall  be  drawn  from  the  Treasury,  but 
in    Consequence    of    Appropriations    made    by    Law ; 
and  a  regular  Statement  and  Account  of  the  Receipts 
and   Expenditures    of  all  public  Money  shall  be  pub- 
lished from  time  to  time. 

8  No  Title  of  Nobility  shall  be  granted  by  the  United 
States :  And  no  Person  holding  any  Office  of  Profit  or 
Trust   under   them,  shall,  without   the    Consent  of  the 
Congress,    accept   of  any  present,  Emolument,  Office, 

5* 


12  CONSTITUTION. 

or  Title,  of  any  kind  whatever,  from  any  King,  Prince, 
or  foreign  State. 

SECTION.  10.  'No  State  shall  enter  into  any  Treaty, 
Alliance,  or  Confederation ;  grant  Letters  of  Marque 
and  Reprisal ;  coin  Money ;  emit  Bills  of  Credit ; 
make  any  Thing  but  gold  and  silver  Coin  a  Tender 
in  Payment  of  Debts ;  pass  any  Bill  of  Attainder,  ex 
post  facto  Law,  or  Law  impairing  the  Obligation  of 
Contracts,  or  grant  any  Title  of  Nobility. 

2 No  State  shall,  without  the  consent  of  the  Con- 
gress, lay  any  Imposts  or  Duties  on  Imports  or  Exports, 
except  what  may  be  absolutely  necessary  for  execut- 
ing it's  inspection  Laws :  and  the  net  Produce  of  all 
Duties  and  Imposts,  laid  by  any  State  on  Imports  or 
Exports,  shall  be  for  the  Use  of  the  Treasury  o*f  the 
United  States ;  and  all  such  Laws  shall  be  subject  to 
the  Revision  and  Controul  of  the  Congress. 

5No  State  shall,  without  the  Consent  of  Congress, 
lay  any  Duty  of  Tonnage,  keep  Troops,  or  Ships  of 
War  in  time  of  Peace,  enter  into  any  Agreement  or 
Compact  with  another  State,  or  with  a  foreign  Power, 
or  engage  in  War,  unless  actually  invaded,  or  in  such 
imminent  Danger  as  will  not  admit  of  Delay. 


CONSTITUTION.  Id 

ARTICLE.  II. 

SECTION.  1.  'The  executive  Power  shall  be  vested 
tn  a  President  of  the  United  States  of  America.  He 
shall  hold  his  Office  during  the  Term  of  four  Years, 
and,  together  with  the  Vice  President,  chosen  for  the 
same  Term,  be  elected,  as  follows 

"Each  State  shall  appoint,  in  such  Manner  as  the 
Legislature  thereof  may  direct,  a  Number  of  Elec- 
tors, equal  to  the  whole  Number  of  Senators  and 
Representatives  to  which  the  State  may  be  entitled 
in  the  Congress :  but  no  Senator  or  Representative, 
or  Person  holding  an  Office  of  Trust  or  Profit  under 
the  United  States,  shall  be  appointed  an  Elector. 

[*  The  Electors  shall  meet  in  their  respective  States,  and  vote  by  Ballot 
for  two  Persons,  of  whom  one  at  least  shall  not  be  an  Inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  List  of  all  the  Per- 
sons voted  for,  and  of  the  Number  of  Votes  for  each  ;  which  List  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the  Government 
of  the  United  States,  directed  to  the  President  of  the  Senate.  The  Pre- 
sident of  the  Senate  shall,  in  the  Presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  Certificates,  and  the  Votes  shall  then  be 
counted.  The  Person  having  the  greatest  Number  of  Votes  shall  be  the 
President,  if  such  Number  be  a  Majority  of  the  whole  Number  of  Elec- 
tors appointed ;  and  if  there  be  more  than  one  who  have  such  Majority, 
and  have  an  equal  Number  of  Votes,  then  the  House  of  Representatives 
shall  immediately  chuse  by  Ballot  one  of  them  for  President ;  and  if  no 

*  This  clause  within  brackets  has  been  superceded  and  annulled  by  the  12tn 
amendment,  on  page  28. 


14  CONSTITUTION. 

Person  have  a  Majority,  then  from  the  five  highest  on  the  List  the  said 
House  shall  in  like  Manner  chuse  the  President.  But  in  ch using  the 
President,  the  Votes  shall  be  taken  by  States,  the  Representation  from 
each  State  having  one  Vote ;  A  Quorum  for  this  Purpose  shall  consist 
of  a  Member  or  Members  from  twothirds  of  the  States,  and  a  Majority 
of  all  the  States  shall  be  necessary  to  a  Choice.  In  every  Case,  after  the 
Choice  of  the  President,  the  Person  having  the  greatest  Number  of  Votes 
of  the  Electors  shall  be  the  Vice  President.  But  if  there  should  remain 
two  or  more  who  have  equal  Votes,  the  Senate  shall  chuse  from  them  by 
Ballot  the  Vice  President] 

'The  Congress  may  determine  the  Time  of  chusing 
the  Electors,  and  the  Day  on  which  they  shall  give 
their  Votes ;  which  Day  shall  be  the  same  throughout  the 
United  States. 

4  No  Person  except  a  natural  born  Citizen,  or  a  Citizen 
of  the  United  States,  at  the  time  of  the  Adoption  of  this 
Constitution,  shall  be  eligible  to  the  Office  of  President ; 
neither  shall  any  Person  be  eligible  to  that  Office  who 
shall  not  have  attained  to  the  Age  of. thirty  five  Years, 
and  been  fourteen  Years  a  Resident  within  the  United 
States. 

*In  Case  of  the  Removal  of  the  President  from  Office, 
or  of  his  Death,  Resignation,  or  Inability  to  dis- 
charge the  Powers  and  Duties  of  the  said  Office,  the 
same  shall  devolve  on  the  Vice  President,  and  the  Con- 
gress may  by  Law  provide  for  the  Case  of  Re- 


CONSTITUTION.  15 

moval,  Death,  Resignation,  or  Inability,  both  of  the 
President  and  Vice  President,  declaring  what  Officer 
shall  then  act  as  President,  and  such  Officer  shall  act 
accordingly,  until  the  Disability  be  removed,  or  a  Pre- 
ident  shall  be  elected. 

6  The    President    shall,  at    stated    Times,  receive   for 
his    Services,  a    Compensation,  which    shall  neither  be 
encreased  nor  diminished  during  the  Period  for  which 
he    shall   have   been  elected,  and  he  shall  not  receive 
within  that  Period  any  other  Emolument  from  the  United 
States,  or  any  of  them. 

7  Before  he  enter  on  the  Execution  of  his  Office,  he  shall 
take  the  following  Oath  or  Affirmation  : — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
«  execute  the  Office  of  President  of  the  United  States,  and 
« will  to  the  best  of  my  Ability,  preserve,  protect  and 
"  defend  the  Constitution  of  the  United  States. 

SECTION.  2.  'The  President  shall  be  Commander 
in  Chief  of  the  Army  and  Navy  of  the  United  States, 
and  of  the  Militia  of  the  several  States,  when  called 
into  the  actual  Service  of  the  United  States ;  he  may 
require  the  Opinion,  in  writing,  of  the  principal  Of 
ficer  in  each  of  the  executive  Departments,  upon  any 
Subject  relating  to  the  Duties  of  their  respective  Offi- 


16  CONSTITUTION. 

ces,  and  he  shall  have  Power  to  grant  Reprieves  and  Par- 
dons for  Offences  against  the  United  States,  except  in 
Cases  of  Impeachment. 

2  He  shall  have  Power,  by  and  with  the  Advice  and  Con- 
sent of  the  Senate,  to  make  Treaties,  provided  two  thirds 
of  the  Senators  present  concur ;  and  he  shall  nominate,  and 
by  and  with  the  Advice  and  Consent  of  the  Senate,  shall 
appoint  Ambassadors,  other  public  Ministers  and  Con- 
suls, Judges  of  the  supreme  Court,  and  all  other  Officers  of 
the  United  States,  whose  Appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  Law : 
but  the  Congress  may  by  Law  vest  the  Appointment  of  such 
inferior  Officers,  as  they  think  proper,  in  the  President  alone, 
in  the  Courts  of  Law,  or  in  the  Heads  of  Departments. 

3  The  President  shall  have  Power  to  fill  up  all  Vacan- 
cies that  may  happen  during  the  Recess  of  the  Senate, 
by  granting  Commissions  which  shall  expire  at  the  End 
of  their  next  Session. 

SECTION.  3.  He  shall  from  time  to  time  give  to  the 
Congress  Information  of  the  State  of  the  Union,  and 
recommend  to  their  Consideration  such  Measures  as  he 
shall  judge  necessary  and  expedient ;  he  may,  on  ex- 
traordinary Occasions,  convene  both  Houses,  or  either 
of  them,  and  in  Case  of  Disagreement  between  them, 


CONSTITUTION.  17 

with  Respect  to  the  Time  of  Adjournment,  he  may  ad- 
journ them  to  such  Time  as  he  shall  think  proper ;  he 
shall  receive  Ambassadors  and  other  public  Ministers ; 
he  shall  take  Care  that  the  Laws  be  faithfully  executed, 
and  shall  Commission  all  the  officers  of  the  United 
States. 

SECTION.  4.  The  President,  Vice  President  and  all 
civil  Officers  of  the  United  States,  shall  be  removed  from 
Office  on  Impeachment  for,  and  Conviction  of,  Treason, 
Bribery,  or  other  high  Crimes  and  Misdemeanors. 

ARTICLE  III. 

SECTION.  1.  The  judicial  Power  of  the  United 
States,  shall  be  vested  in  one  supreme  Court,  and  in 
such  inferior  Courts  as  the  Congress  may  from  time  to 
time  ordain  and  establish.  The  Judges,  both  of  the 
supreme  and  inferior  Courts,  shall  hold  their  Offices 
during  good  Behavior,  and  shall,  at  stated  Times,  re- 
ceive for  their  Services,  a  Compensation,  which  shall  not 
be  diminished  during  their  Continuance  in  Office. 

SECTION.  2.  *The  judicial  Power  shall  extend  to  all 
Cases,  in  Law  and  Equity,  arising  under  this  Consti- 
tution, the  Laws  of  the  United  States,  and  Treaties 
made,  or  which  shall  be  made,  under  their  Authori- 


18  CONSTITUTION. 

ty ; — to  all  Cases  affecting  Ambassadors,  other  public 
Ministers,  and  Consuls ; — to  all  Cases  of  admiralty  and 
maritime  Jurisdiction ; — to  Controversies  to  which  the 
United  States  shall  be  a  Party ; — to  Controversies  be- 
tween two  or  more  States ; — between  a  State  and  Citizens 
of  another  State  ; — between  Citizens  of  different  States, — 
between  Citizens  of  the  same  State  claiming  Lands  under 
Grants  of  different  States,  and  between  a  State,  or  the 
Citizens  thereof,  and  foreign  States,  Citizens  or  Subjects. 

JIn  all  Cases  affecting  Ambassadors,  other  public 
Ministers  and  Consuls,  and  those  in  which  a  State 
shall  be  Party,  the  supreme  Court  shall  have  original 
Jurisdiction.  In  all  the  other  Cases  before  mentioned, 
the  supreme  Court  shall  have  appellate  Jurisdiction', 
both  as  to  Law  and  Fact,  with  such  Exceptions,  and 
under  such  Regulations  as  the  Congress  shall  make. 

'The  Trial  of  all  Crimes,  except  in  Cases  of  Im- 
peachment, shall  be  by  Jury;  and  such  Trial  shall 
be  held  in  the  State  where  the  said  Crimes  shall  have 
been  committed;  but  when  not  committed  within  any 
State,  the  Trial  shall  be  at  such  Place  or  Places  as  the 
Congress  may  by  Law  have  directed. 

SECTION.  3.  'Treason  against  the  United  States, 
shall  consist  only  in  levying  War  against  them,  or  in 


CONSTITUTION.  19 

adhering  to  their  Enemies,  giving  them  Aid  and 
Comfort.  No  Person  shall  be  convicted  of  Treason 
unless  on  the  Testimony  of  two  Witnesses  to  the 
same  overt  Act,  or  on  Confession  in  open  Court. 

2  The  Congress  shall  have  Power  to  declare  the 
Punishment  of  Treason,  but  no  Attainder  of  Trea- 
son shall  work  Corruption  of  Blood,  or  Forfeiture  except 
during  the  Life  of  the  Person  attainted. 

ARTICLE.  IV. 

SECTION.  1.  Full  Faith  and  Credit  shall  be  given 
in  each  State  to  the  public  Acts,  Records,  and  judi- 
cial Proceedings  of  every  other  State.  And  the  Con- 
gress may  by  general  Laws  prescribe  the  Manner  in 
which  such  Acts,  Records  and  Proceedings  shall  be 
proved,  and  the  Effect  thereof. 

SECTION.  2.  'The  Citizens  of  each  State  shall  be 
entitled  to  all  Privileges  and  Immunities  of  Citizens  in 
the  several  States. 

2  A  Person  charged  in  any  State  with  Treason,  Felony, 
or  other  Crime,  who  shall  flee  from  Justice,  and  be  found 
in  another  State,  shall  on  Demand  of  the  executive  Au- 
thority of  the  State  from  which  he  fled,  be  delivered  up,  to 

be  removed  to  the  State  having  Jurisdiction  of  the  Crime. 

6 


20  CONSTITUTION. 

sNo  Person  held  to  Service  or  Labour  in  one  State, 
under  the  Laws  thereof,  escaping  into  another,  shall, 
in  Consequence  of  any  Law  or  Regulation  therein,  be 
discharged  from  such  Service  or  Labour,  but  shall  be 
delivered  up  on  Claim  of  the  Party  to  whom  such  Service 
or  Labour  may  be  due. 

SECTION.  3.  'New  States  may  be  admitted  by  the  Con- 
gress into  this  Union  ;  but  no  new  State  shall  be  formed  or 
erected  within  the  Jurisdiction  of  any  other  State  ;  nor  any 
State  be  formed  by  the  Junction  of  two  or  more  States,  or 
Parts  of  States,  without  the  Consent  of  the  Legislatures 
of  the  States  concerned  as  well  as  of  the  Congress. 

2  The  Congress  shall  have  Power  to  dispose  of  and 
make  all  needful  Rules  and  Regulations  respecting  the 
Territory  or  other  Property  belonging  to  the  United 
States ;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to  Prejudice  any  Claims  of  the  United 
States,  or  of  any  particular  State. 

SECTION.  4.  The  United  States  shall  guarantee  to 
every  State  in  this  Union  a  Republican  Form  of  Go- 
vernment, and  shall  protect  each  of  them  against  In- 
vasion ,  and  on  Application  of  the  Legislature,  or  of 
the  Executive  (when  the  Legislature  cannot  be  con- 
vened) against  domestic  Violence. 


CONSTITUTION.  21 

ARTICLE.  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  Amendments  to  this  Con- 
stitution, or,  on  the  Application  of  the  Legislatures  of  two 
thirds  of  the  several  States,  shall  call  a  Convention  for 
proposing  Amendments,  which,  in  either  Case,  shall  be 
valid  to  all  Intents  and  Purposes,  as  Part  of  this  Con- 
stitution, when  ratified  by  the  Legislatures  of  three  fourths 
of  the  several  States,  or  by  Conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  Mode  of  Ratification  may  be 
proposed  by  the  Congress  ;  Provided  that  no  Amendment 
which  may  be  made  prior  to  the  Year  one  thousand  eight 
hundred  and  eight  shall  in  any  Manner  affect  the  first 
and  fourth  Clauses  in  the  Ninth  Section  of  the  first  Article ; 
and  that  no  State,  without  its  Consent,  shall  be  deprived 
of  its  equal  Suffrage  in  the  Senate. 
ARTICLE.  VI. 

'All  Debts  contracted  and  Engagements  entered 
into,  before  the  Adoption  of  this  Constitution,  shall 
be  as  valid  against  the  United  States  under  this  Con- 
stitution, as  under  the  Confederation. 

2  This  Constitution,  and  the  Laws  of  the  United 
States  which  shall  be  made  in  Pursuance  thereof;  and 
all  Treaties  made,  or  which  shall  be  made,  under  the 


22  CONSTITUTION. 

authority  of  the  United  States,  shall  be  the  supreme 
Law  of  the  Land ;  and  the  Judges  in  every  State  shall 
be  bound  thereby,  any  Thing  in  the  Constitution  or  Laws 
of  any  State  to  the  Contrary  notwithstanding. 

3  The  Senators  and  Representatives  before  mentioned, 
and  the  Members  of  the  several  State  Legislatures,  and 
all  executive  and  judicial  Officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  Oath 
or  Affirmation,  to  support  this  Constitution ;  but  no  re- 
ligious Test  shall  ever  be  required  as  a  Qualification  to 
any  Office  or  public  Trust  under  the  United  States. 

ARTICLE.  VII. 

The  Ratification  of  the  Conventions  of  nine  States, 
shall  be  sufficient  for  the  Establishment  of  this  Consti- 
tution between  the  States  so  ratifying  the  Same. 

DONE  in  Convention  by  the  Unanimous  Consent 
of  the  States  present  the  Seventeenth  Day  of  Sep- 
tember in  the  Year  of  our  Lord  one  thousand  seven 
hundred  and  Eighty  seven  and  of  the  Independance 
of  the  United  States  of  America  the  Twelfth  In 
"Witness  whereof  We  have  hereunto  subscribed 

our  Names, 

GEO  WASHINGTON— 

Presidt  and  deputy  from   Virginia 


CONSTITUTION.  23 

NEW  HAMPSHIRE. 
JOHN  LANGDON,  NICHOLAS  OILMAN. 

MASSACHUSETTS. 
NATHANIEL  GORHAM,  RUFUS  KING. 

CONNECTICUT. 
WM.  SAML.  JOHNSON,  ROGER  SHKRMAN. 

NEW  YORK. 
ALEXANDER  HAMILTON. 

NEW  JERSEY. 

WIL  :  LIVINGSTON,  DAVID  BREARLEY, 

WM.  PATERSON,  JONA.  DAYTON. 

PENNSYLVANIA. 

B.  FRANKLIN,  THOMAS  MIFFLIN, 

ROBT.   MORRIS,  GEO:  CLYMER, 

THO  :  FITZSIMONS,  JARED  INGERSOLL, 

JAMES  WILSON,  Gouv  :  MORRIS. 

DELAWARE. 

GEO:  READ,  GUNNING  BEDFORD,  Jun'r, 

JOHN  DICKINSON,  RICHARD  BASSETT, 

JACO  :  BROOM. 

MARYLAND. 

JAMES  M'HENRY  DAN  :  OF  ST.  THOS.  JENIFER, 

DANL.  CARROLL. 

VIRGINIA. 
JOHN  BLAIR,  JAMES  MADISON,  Jr., 

NORTH  CAROLINA. 

WM.  BLOUNT,  RICH'D  DOBBS  SPAIGHT, 

Hu.  WILLIAMSON. 

SOUTH  CAROLINA. 

J.  RUTLEDGE,  CHARLES  COTESWORTH  PINCKNKY 

CHARLES  PINCKNEY,  PIERCE  BUTLER. 

GEORGIA. 
WILLIAM  FEW,  ABR.  BALDWIN. 

Attest:  WILLIAM  JACKSON,  Secretary. 

«» 


24 


CONSTITUTION. 


The  Constitution  was  adopted  on  the  17th  September,  1787,  by 
the  Convention  appointed  in  pursuance  of  the  resolution  of  the  Con- 
gress of  the  Confederation,  of  the  21st  February,  1787,  and  was 
ratified  by  the  Conventions  of  the  several  States,  as  follows,  viz.: 


By  Convention  of  Delaware, 

"  "  Pennsylvania, 

"  "  New  Jersey, 

"  "  Georgia, 

"  "  Connecticut, 

"  *'  Massachusetts, 

«'  "  Maryland, 

"  •«  South  Carolina, 

•*  "  New  Hampshire, 

"  "  Virginia, 

"  "  New  York, 

"  "  North  Carolina, 

"  "  Rhode  Island, 


on  the    7th  December,  1787. 

"  12th  December,  1787. 

"  18th  December,  1787. 

"  3d   January,      1788. 

"  9th  January,      1788. 

"  6th  February,    1788. 

"  28th  April,           1788. 

"  23d  May,             1788. 

"  21st  June,            1788. 

"  26th  June,           1788. 

"  26th  July,            1788. 

"  21st  November,  1789. 

"  29th  May,            1790. 


ARTICLES 

IN  ADDITION  TO,  AND  AMENDMENT  OF, 

THE  CONSTITUTION 

OF    THE 

UNITED  STATES  OF  AMERICA, 

Proposed  by  Congress,  and  ratified  by  the  Legislatures 

of  the  several  Slates,  pursuant  to  tJie  fifth  article  of  the 

original  Constitution. 

-(ARTICLE  1.) 

Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  there- 
of; or  abridging  the  freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  people  peaceably  to  assem- 
ble, and  to  petition  the  Government  for  a  redress  of 
grievances. 

(ARTICLE  2.) 

A  well  regulated  Militia,  being  necessary  to  the  se- 
curity of  a  free  State,  the  right  of  the  people  to  keep  and 
bear  Arms,  shall  not  be  infringed. 


26  CONSTITUTION. 

(ARTICLE  III.) 

No  Soldier  shall,  in  time  of  peace  be  quartered  in 
£ny  house,  without  the  consent  of  the  Owner,  nor  in 
time  of  war,  but  in  a  manner  to  be  prescribed  by  law. 

(ARTICLE  IV.) 

The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated,  and  no  War- 
rants shall  issue,  but  upon  probable  cause,  supported  by 
Oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

(ARTICLE  V.) 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  Grand  Jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  Militia,  when  in  ac- 
tual service  in  time  of  War  or  public  danger ;  nor 
shall  any  person  be  subject  for  the  same  offence  to  be 
twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  com- 
pelled in  any  Criminal  Case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law ;  nor  shall  private  proper- 
ty be  taken  for  public  use,  without  just  compensation. 


CONSTITUTION.  27 


(ARTICLE  VI.) 

In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impar- 
tial jury  of  the  State  and  district  wherein  the  crime 
shall  have  been  committed,  which  district  shall  have 
been  previously  ascertained  by  law,  and  to  be  in- 
formed of  the  nature  and  cause  of  the  accusation ; 
to  be  confronted  with  the  witnesses  against  him ; 
to  have  Compulsory  process  for  obtaining  Witnesses 
in  his  favour,  and  to  have  the  Assistance  of  Counsel 
for  his  defence. 

(ARTICLE  VII.) 

In  Suits  at  common  law,  where  the  value  in  con- 
troversy shall  exceed  twenty  dollars,  the  right  of  trial 
by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  Court  of  the 
United  States,  than  according  to  the  rules  of  the  com- 
mon law. 

(ARTICLE  VIII.) 

Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. - 


28 


CONSTITUTION. 


(ARTICLE  IX.) 

The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. 

(ARTICLE  X.) 

The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States, 
are  reserved  to  the  States  respectively,  or  to  the 
people. 

ARTICLE  XI. 

The  Judicial  power  of  the  United  States  shall  not 
be  construed  to  extend  to  any  suit  in  law  or  equity, 
commenced  or  prosecuted  against  one  of  the  United 
States  by  Citizens  of  another  State,  or  by  Citizens  or 
Subjects  of  any  Foreign  State. 

ARTICLE  XII. 

The  Electors  shall  meet  in  their  respective  states, 
and  vote  by  ballot  for  President  and  Vice  President, 
one  of  whom,  at  least,  shall  not  be  an  inhabitant  of 
the  same  state  with  themselves ;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  as  Vice-President, 


CONSTITUTION.  29 

and  they  shall  make  distinct  lists  of  all  persons  voted  for 
as  President,  and  of  all  persons  voted  for  as  Vice-Presi- 
dent,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat 
of  the  government  of  the  JJnited  States,  directed  to 
the  President  of  the  Senate ; — The  President  of  the 
Senate  shall,  in  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates  and  the  votes 
shall  then  be  counted; — The  person  having  the  great- 
est number  of  votes  for  President,  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number 
of  Electors  appointed ;  and  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  of  those  voted 
for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  states,  and  a  majority 
of  all  the  states  shall  be  necessary  to  a  choice.  And 
if  the  House  of  Representatives  shall  not  choose  a  Pre- 
sident whenever  the  right  of  choice  shall  devolve 
upon  them,  before  the  fourth  day  of  March  next  fol- 


30  CONSTITUTION. 

lowing,  then  the  Vice-President  shall  act  as  President, 
as  in  the  case  of  the  death  or  other  constitutional  dis- 
ability of  the  President.  The  person  having  the  great- 
est number  of  votes  as  Vice-President,  shall  be  the  Vice- 
President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed,  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list, 
the  Senate  shall  choose  the  Vice-President ;  a  quorum 
for  the  purpose  shall  consist  of  two-thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice.  But  no  person  consti- 
tutionally ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. 


31 


CONSTITUTION.  33 

The  following  is  prefixed  to   the  first  ten*  of  the  pre- 
ceding amendments. 

CONGRESS  OF  THE  UNITED  STATES, 

Begun  and  held  at  the  City  of  New  York,  on  Wednesday,  the  fourth 
of  March,  one  thousand  seven  hundred 


The  Conventions  of  a  number  of  the  States,  having 
al  the  time  of  their  adopting  the  Constitution,  expressed 
a  desire,  in  order  to  prevent  misconstruction  or  abuse  of 
its  powers,  that  further  declaratory  and  restrictive  clauses 
should  be  added :  And  as  extending  the  ground  of  public 
confidence  in  the  Government,  will  best  insure  toe  bene- 
ficent ends  of  its  institution ; 

Resolved  by  the  Senate  and  House  of  Representatives 

*  It  may  be  proper  here  to  state  that  12  articles  of  amendment  were 
proposed  by  the  first  Congress,  of  which  but  10  were  ratified  by  the 
States — the  first  and  second  in  order  not  having  been  ratified  by  the  re- 
quisite number  of  States. 

These  two  were  as  fallows : 

Article  the  first__  After  the  first  enumeration  required  by  the  first  Article 
of  the  Constitution,  there  shall  be  one  Representative  far  every  thirty  thou- 
sand, until  the  number  shall  amount  to  <MM  handled,  after  which,  the  pro- 
portion shall  be  so  regulated  by  &Mgma,  that  there  shafl  ant  he  fans  than 
one  hundred  Representatives,  nor  less  than  one  Representative  far  every 
forty  thousand  persons,  until  the  number  of  Representatives  shall  amount 
to  two  hundred,  after  which  the  proportion  shall  be  so  f  igela*  I  by  Con- 
gress, that  there  shall  not  be  less  than  two  bandied  ffqm  •  nlaliua,  nor 
more  than  one  Representative  for  every  fifty  thousand  persons. 

Article  second — No  law,  varying  the  coapensatioa  'T  the  «u»iu«3 
of  the  Senators  and  Representatives,  shall  take  effect,  until  an  tlccliasi 

of  Representatives  shall  have  intervened, 

7 


34  CONSTITUTION. 

of  the  United  States  of  Jlmerica,  in  Congress  assembled, 
two  thirds  of  both  Houses  concurring,  That  the  following 
Articles  be  proposed  to  the  Legislatures  of  the  several 
States,  as  amendments  to  the  Constitution  of  the  United 
States,  all,  or  any  of  which  articles,  when  ratified  by  three- 
fourths  of  the  said  Legislatures,  to  be  valid  to  all  intents 
and  purposes,  as  part  of  the  said  Constitution ;  viz. 

Articles  in  addition  to,  and  Amendment  of  the  Consti- 
tution of  the  United  States  of  America,  proposed  by  Con- 
gress, and  ratified  by  the  Legislatures  of  the  several  States 
pursuant  to  the  fifth  article  of  the  original  Constitution. 

The  first  ten  amendments  of  the  Constitution  were 
ratified  by  the  States  as  follows,  viz. : 

By  New  Jersey,  20th  November,  1789. 

By  Maryland,  19th  December,  1789. 

By  North  Carolina,  22d  December,  1789. 

By  South  Carolina,  19th  January,  1790. 

By  New  Hampshire,  25th  January,  1790. 

By  Delaware,  28th  January,  1790. 

By  Pennsylvania,  10th  March,  1790. 

By  New  York,  27th  March,  1790. 

By  Rhode  Island,  15th  June,  1790. 

By  Vermont,  3  November,  1791. 

By  Virginia,  15  December,  1791. 


CONSTITUTION.  35 

The  following  is  prefixed  to  the  eleventh  of  the  preceding 
amendments : 

THIRD  CONGRESS  OF  THE  UNITED  STATES: 

Jit  the  first  session,  begun  and  Jield  at  the  city  of  Phi- 
ladelphia, in  the,  State  of  Pennsylvania,  on  Monday  the 
second  of  December,  one  thousand  seven  hundred  and 
ninety-three. 

Resolved  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America,  in  Congress  assembled, 
two  thirds  of  both  Houses  concurring,  That  the  following 
Article  be  proposed  to  the  Legislatures  of  the  several 
States,  as  an  amendment  to  the  Constitution  of  the  United 
States ;  which  when  ratified  by  three-fourths  of  the  said 
Legislatures  shall  be  valid  as  part  of  the  said  Consti- 
tution, viz : 

The  following  is  prefixed  to  the  twelfth  of  the  preceding 
amendments  : 

EIGHTH  CONGRESS  OF  THE  UNITED  STATES: 
Jit  tJie  first  session,  begun  and  held  at  the  city  of  Wash- 
ington, in  the  Territory  of  Columbia,  on  Monday  the 
seventeenth  of  October,  one  thousand  eight  hundred  and 
three. 

Resolved  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America,  in  Congress  assembled, 
Two  thirds  of  both  Houses  concurring,  that  in  lieu  of  the 
third  paragraph  of  the  first  section  of  the  second  article 


36  CONSTITUTION. 

of  the  Constitution  of  the  United  States,  the  following  be 
proposed  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  when  ratified  by  three-fourths  of 
the  legislatures  of  the  several  states,  shall  be  valid  to  all 
intents  and  purposes,  as  part  of  the  said  Constitution,  to 
wit : 

The  ten  first  of  the  preceding  amendments  were  pro- 
posed at  the  first  session  of  the  first  Congress,  of  the 
United  States,  25  September,  1789,  and  were  finally 
ratified  by  the  constitutional  number  of  States,  on  the  15th 
day  of  December,  1791.  The  eleventh  amendment  was 
proposed  at  the  first  session  of  the  third  Congress,  5  March, 
1794,  and  was  declared  in  a  message  from  the  Presi- 
dent of  the  United  States  to  both  houses  of  Congress, 
dated  8th  January,  1798,  to  have  been  adopted  by  the 
constitutional  number  of  States.  The  twelfth  amendment 
was  proposed  at  the  first  session  of  the  eighth  Congress, 
12  December,  1803,  and  was  adopted  by  the  constitu- 
tional number  of  States  in  1804,  according  to  a  public 
notice  thereof  by  the  Secretary  of  State,  dated  25th  Sep- 
tember, of  the  same  year. 


DESIGN  OF  THE  ANALYSIS. 


1.  EVERY  substantive  matter,  or  point,  contained  in  each  article, 
section,  or  clause,  embracing  every  subject,  name  and  definition 
in  the  Constitution,  has  been  arranged  in  alphabetical  order.     The 
entire  clause  in  which  each  word  so  arranged  occurs,  being  given. 

2.  All  similar  words,  names,  or  terms  used  in  the  Constitution 
being  thus  brought  together,  saves  the  time  and  trouble  of  reading 
over  that  instrument  in  search  of  supposed  terms  or  provisions, 
which,  if  they  cannot  be  found  in  this  Alphabetical  Analysis,  will 
not  be  found  in  the  Constitution.     Under  the  head  of  each  branch 
of  the  Government,  as  Congress,  Senate,  House  of  Representatives, 
Executive  or  President,  Judiciary,  &c.,  will  be  found  every  power, 
duty,  privilege,  and  restriction  belonging  to  each,  and  joint  or  con- 
current power  with  the  other  branches.     In  like  manner,  all  provi- 
sions, regarding   States,   legislatures,    persons,    people,  citizens, 
powers,  offices,  laws,  elections,   army,  militia,  navy,  and   every 
other  subject  contained  in  the  Constitution,  will  all  respectively, 
be  found  under  one  head. 

3.  By  this  arrangement  the  entire  instrument  is  resolved  into  its 
elements,  while  all  clauses  containing  like  terms  or  provisions  are 
drawn  together  in  close  contact,  by  the  strictly  alphabetical  posi- 
tion of  the  similar  terms  or  words  in  each,  which  proximity  brings 
the  whole  into  one  view,  to  be  seen  at  a  glance,  and  being  thus 
presented  to  the  mind  at  once,  the  connection  is  more  easily  im- 
pressed upon  and  retained  in  the  memory. 


37 


33 


ANALYSIS. 


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HABETICAL  ANALYS1 

ate  may  propose,  or  concur 

The  Congress,  whenever 
ise  amendments  to  this  Con 
s  of  the  several  States,  shall 
case,  shall  be  valid,  to  all  ii 
d  by  the  legislatures  of  thre< 
irths  thereof,  as  the  one  or 
stress  ;  provided  that  no  am 
i  any  manner,  affect  the  first 
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ssentative  shall,  during  the 
under  the  authority  ot  the  1 
its  of  which  shall  have  been 
reaentative,  or  person  holdi 
be  appointed  an  Elector  •  •  • 
is  of  States  may  make  tempi 
3  thereof  to  fill  vacancies.  .  •  < 
lilitia  reserved  to  the  States 
esident  and  Vice  President 

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g  the  recess  of  the  Senate,  by  granting  commis 

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NED.  Representatives  and  direct  taxes  to  be  : 
ding  to  their  respective  numbers,  &c  
ATION  of  money  to  the  use  of  armies  shall 

ATIONS.  No  money  shall  be  drawn  from 
ipriations  made  by  law,  and  a  regular  statemeni 
tures  of  all  public  money  shall  be  published  fro 
I.  Every  bill,  resolution,  or  vote  to  which  the  i 
ipresentatives  may  be  necessary,  (except  on  a 
nted  to  the  President  of  the  United  States  to  be 
'.  Any  bill  returned  by  the  President  with  obji 
ro-thiras  of  both  Houses  of  Congress  
Congress  shall  have  power  to  raise  and  support  £ 
it  use  shall  be  for  a  longer  term  than  two  years 
Congress  shall  have  power  to  provide  for  org 

!  right  of  the  people  to  keep  and  bear  arms  shal 
tigress  shall  have  power  to  make  rules  for  the  g 

e.  President  shall  be  Commander-in-  Chief  of  th< 
soldier  shall,  in  time  of  peace,  be  quartered  in 
r,  nor  in  time  of  war,  but  in  a  manner  to  be  pres 
avy.  No  person  shall  be  held  to  answer  for  a 
s  on  a  presentment  or  indictment  of  a  grand  jui 
ml  forces,  or  in  the  militia,  when  in  actual  serv 
Senators  and  Representatives  shall,  in  all  cases 
3ace,  be  privileged  from  arrest  during  their  att 
ive  Houses,  and  in  going  to  and  returning  from 
,  &c.  Congress  shall  have  power  to  exercise  e 
gress  shall  have  power  to  promote  the  progr: 

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ALPHABETICAL  ANA 

of  his  office,  take  an  oath  that  he  will,  to  the  best  of 
TITUTION.  The  Judicial  power  shall  extend  to  : 

im/l,.i-  the  r.nnatitntinn.  . 

TITUTION.  Nothing  in  this  Constitution  shall  b< 
claims  of  the  United  States,  or  of  any  particular  Sti 

^    .—  .5^=  -  pCi  c 

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TITUTION.  All  debts  contracted,  and  engagements 
this  Constitution,  shall  be  as  valid  against  the  Unitei 

nil/lor  tKo  f^r»n^or1orn  t  ir\r> 

TITUTION.  This  Constitution,  and  the  laws  of  the 
in  pursuance  thereof,  and  all  treaties  made,  or  which 
of  the  United  States,  shall  be  the  supreme  law  of  the 
shall  be  bound  thereby,  any  thing  in  the  Constitution 

TITUTION  oAaws  of  any  State.  The  judges  in  evi 
stitution,  laws,  and  treaties  of  the  United  States,  any 
any  State  to  the  contrary  notwithstanding  
TITUTION.  The  Senators  and  Representatives  bei 
the  several  State  Legislatures,  and  all  executive  and 
Sta'.es  and  of  the  several  States,  shall  be  bound  by  oat 

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C                                                   ANALYSIS.                                                   55 

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tion  of  the  conventions  of  nine  State 
ititution  between  the  States  so  ratifyi 
on  of  the  Constitution,  done  in  con 
sent,  the  17th  day  of  September,  A. 

In  tVio  *«rnlftVi 

ration  in  the  Constitution  of  certair 
;  others  retained  by  the  people  
s  not  delegated  to  the  United  State 
tes,  are  reserved  to  the  States,  respf 
i  this  Constitution  shall  be  so  cons 

f  r\  *«fi  t!o*«  Qtoto 

n  in  the  Constitution  of  certain  right 

•  J  1  ,1  Al'Ttld 

verof  the  United  States  shall  not  be 
nenced  or  prosecuted  against  one  of 
y  citizens  or  subjects  of  any  foreign  i 

shall  extend  to  all  cases  affecting 
which  the  Supreme  Court  shall  have 
)ass  any  law  impairing  the  obligation 
tracted,  and  engagements  entered  i 
as  valid  against  the  United  States 

:ial  power  shall  extend  to  controve: 
i  controversies  between  two  or  mor 
ate  ;  between  citizens  of  different  S 
nds  under  grants  of  different  States,  i 

common  law,  where  the  value  in 
f  trial  by  jury  shall  be  preserved 

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Jl,  without  the  consent  of  Congre 
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bjects.  The  Judicial  power  shall 
ens  thereof,  and  foreign  States,  cii 
sower  of  the  United  States  shall  i 
commenced  or  prosecuted  againsi 
>r  by  citizens  or  subjects  of  any  fo 
rf  treason  shall  work  corruption 

i  Constitution  established  in  order 
»-e  power  to  exercise  exclusive  leg 
flvania,  signed  this  Constitution, 
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ress.  Congress  shall  make  no  lai 
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from  which  he  fled,  be  delivered  i 

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ANALYSIS. 


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ALPHABETICAL  ANALYSIS—  Continued, 
i.  Members  of  the  House  of  Representatives  chosen  every  sec 

,  members  of  the.  (See  Representatives.) 
.  Qualifications  of  electors  of  members  of  the  House  of  Reps., 
}f  the  most  numerous  branch  of  the  State  Legislature  
.  shall  i  hoose  their  Speaker  and  other  officers.  The  
,  shall  have  the  sole  power  of  impeachment.  The  
jsentatives.  The  — 
the  judge  of  the  elections,  returns,  and  qualifications  of  its  own 
irity  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller  num 
day  to  day,  and  may  be  authorized  to  compel  the  attendance  of 
ich  manner  and  under  such  penalties  as  that  House  may  provide  . 
ermine  the  rules  of  its  proceedings,  punish  its  members  for  disc 
with  the  concurrence  of  two-thirds,  expel  a  member  •  
ep  a  Journal  of  its  proceedings,  and  from  time  to  time  publish  tl 
such  parts  as  may,  in  their  judgment,  require  secrecy  ;  and  the  y 
members  of  either  House,  on  any  question,  shall,  at  the  desir< 

,  1  1  T  1 

t,  during  the  session  of  Congress,  without  the  consent  of  the  Sei 
e  than  three  days,  nor  to  any  other  place  than  that  in  which  the  t' 

i.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  ] 
Senate  may  propose,  or  concur  with,  amendments,  as  on  other  bi 
i.  and  Senate.  Every  bill  which  shall  have  passed  the  House  of 
Senate  shall,  before  it  become  a  law,  be  presented  to  the  Preside 
if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it,  witl: 
louse  in  which  it  shall  have  originated,  who  shall  enter  the  objec 
rnal,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  t 
hall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  ol 
mse,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
ise,  it  shall  become  a  law.  But  in  all  such  cases  the  votes  of  b< 

ANALYSIS. 

<s      -H      to      <£> 

'-<        W        <N         <N 

~          '          1        1 
»          I  I         I 


71 


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mmes  of  the  persons  votinj 
h  House  respectively.  If 
(Sundays  excepted)  after  it 
like  manner  as  if  he  had  s 
Is  return  ;  in  which  case  it 
ution,  or  vote  to  which  th< 
be  necessary,  (except  on  a 
of  the  United  States,  and,  I 
•,  being  disapproved  by  hii 
f  Representatives,  accordi 

igress.) 
extraordinary  occasions,  c< 

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I'll  -^*  i  ^1°  1  a  »  1i  P=  -1  8^1  5  «l  W  ^ 

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CITIES.  1 

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72 


ANALYSIS. 


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ALPHABETICAL  ANAL 

[ouse  of  Reps,  shall  have  the  sole  ; 
Senate  of  the  United  States  shall  1 

sitting  to  try  an  impeachment,  the 

is  tried,  the  Chief  Justice  shall  pi 
lonvicted  without  the  concurrence 

1'  impeachment  shall  not  extend  fu 
o  hold  and  enjoy  any  office  of  honi 

ed  shall,  nevertheless,  be  liable  an 

V»m*ant  o  »r*  A'  t  1  txr 

resident  shall  have  power  to  granl 
tales,  except  in  cases  of  impeachm 
'il  officers  of  the  United  States  sh 
conviction  of,  treason,  bribery,  < 

•ial  of  all  crimes,  except  in  cases  01 
s.  (Slaves.)  The  migration  or  im 
ing  shall  think  proper  to  admit,  s 
hteen  hundred  and  eight,  but  a  taj 
jeding  ten  dollars  for  each  person, 
endment  made  prior  to  1808  shall 
have  power  to  lay  imposts  
)osts,  and  excises  shall  be  uniform 
,  without  the  consent  of  Congress 

/So*  DiiH«a  1  .  . 

ie  inability  oi  the  President  to  disc 
1  devolve  on  the  Vice  President  ;  j 

MM 

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ANALYSIS. 


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0 

commerce  amon 

shall  nevertheles 
,o  law  

a  capital  or  othei 

i 

s 

tales  shall  be  v« 
from  time  to  tim 
ts,  shall  hold  tht 

stitution.  Jarec 
in  inhabitant  of 

CO 

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CJ    go 

ent  of  Congress 
absolutely  neces 

e  for  calling  fort! 
•epel  invasions.  . 
on  of  the  Legislf 
rotect  each  State 

ress,  engage  in  \ 

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3sident,  Congress  sha 

I  from  representative 
lall  have  power  to  re 

nvicted  on  an  impeach 
and  punishment,  accc 
shall  be  held  to  answ 
it  or  indictment  of  a  g 

icial  power  of  the  Ui 
;rior  courts  as  Congre 
le  Supreme  and  Interi 

t- 
i 

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ntative  in  Congress  si 

1 

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iss  shall  have  power  tc 
suppress  insurrection 
ited  States  shall,  on  a 
iture  cannot  be  conve 

without  the  consent  o 

infint  Hnnorfir  nst  will  n 

J. 

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74 


ANALYSIS. 


J 


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•£  :  J    i  : 

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TICAL  ANALYSIS—  Conti 

to  provide  for  calling  forth  the 
ions,  and  repel  invasions  
abeas  corpus  shall  not  be  BUS 
mblic  saiety  may  require  it  .  .  • 
ct  each  State  against  invasion 
o  their  discoveries  for  a  limited 

is  Constitution.  Daniel  of  St. 
ect,  for  the  same  offence,  to  be 

d  this  Constitution.  William  ! 
keep  a  Journal  of  its  proceedi 
:h  parts  as  may,  in  their  judgn 
rs  of  either  House,  on  any  quei 
intered  on  the  Journal  .  .  •  
urn  a  bill,  with  his  objections, 
e  entered  at  large  on  their  Jour 
i  of  such  bill,  shall  be  entered  < 

dent  shall  nominate,  and  by  ai 
dges  of  the  Supreme  Court  of 
3  shall  hold  their  offices  durii 
eir  services  a  compensation  wh 

§  c  £  S-fl      ^ 
||2S§     5 

lilil  1 

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j=  *"£  2~     5 

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^SIONS.  Congress 
laws  of  the  Union, 
VSION.  The  privil< 
in  cases  of  rebellic 
VSION.  The  Unite 
5NTORS  may  secur 

II  j-j|l  §^'s'5  .-I  I™  eltJJ  1  1-5  1^ 
isS^l^llllfelllfsS|5|a 

S>>K«  3«—  S.S5"e  S^CB^^        3        M-.i^s  M» 

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l-»f»     <-»•-»              *^              >-»      "^ 

ANALYSIS. 

oo 

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compensation  wl 

equity  arising  un 
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to  controversies 

ss..  :  S^'-go 

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ill  crimes,  except  in  cases  of  impt 
the  State  where  the  said  crimes  i 
in  any  Ste.e,  the  trial  shall  be  at 
•ected  , 
a.  F_ill  faith,  credit,  proof,  and  ei 
iicial  proceedings  of  every  other 
th  of  the  United  States,  and  of  t 
3  support  this  Constitution  
he  judicial  power  of  the  United  £ 
or  equity,  commenced  or  proseci 
ler  State,  or  by  citizens  or  subjec 
le  judicial  power  shall  extend  to  ( 

;  -3  to 

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76 


ANALYSIS. 

,  _  _  -«        CT> 


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ANALYSIS. 


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F  the  State  in  which  the  same  shall  be,  foi 

Army  —  Militia.) 
lal  power  shall  extend  to  controversies  bet 
s  under  grants  of  different  States  
from  New  Hampshire,  signed  this  Consti 
numeration  of  the  people,  or  census,  shall 
ing  of  the  Congress  of  the  United  States, 
in  such  manner  as  they  shall  by  law  direct 
ivicted  on  an  impeachment,  shall  neverthc 
d  punishment,  according  to  law  
places,  and  manner,  of  holding  elections 
;ribed  in  each  State  by  the  Legislature  th 
law,  make  or  alter  such  regulations,  except 

s  shall  assemble  at  least  once  in  every  yeai 
in  December,  unless  they  shall  by  law  ap 
s  and  Representatives  shall  receive  a  com 
v  law,  and  paid  out  of  the  Treasury  of  the 
trich  shall  have  passed  the  House  of  Repn 
me  a  law,  be  presented  to  the  President  o 
it,  but  if  not,  he  shall  return  it  with  his  ol 
ginated,  who  shall  enter  the  objections  a 
sider  it.  If,  after  such  reconsideration,  tw 
jill,  it  shall  be  sent,  together  with  the  ol 
likewise  be  reconsidered,  and  if  approve 

all  not  be  returned  by  the  President  within 
)een  presented  to  him,  the  same  shall  be  a 
3ss  the  Congress,  by  their  adjournment,  pr 

resolution,  or  vote,  to  which  the  concurrt 
rus  may  be  necessary,  (except  on  a  questi 

78 


ANALYSIS. 


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ent  of  the  United  States  ;  a 
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any  ex  post  facto  law  
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'HABETICAL  ANALYSIS—  Continued, 
o  authors  and  inventors  the  exclusive  right  i 

ey,  signed  this  Constitution.  William  
ess  shall  have  power  to  pay  the  debts  of  tin 
all  make  any  thing  but  gold  and  silver  coin 

Senator  or  Representative  may  be  arrested. 
;  consent  of  Congress,  keep  troops  or  ships 

peace,  be  quartered  in  any  house  without  th 

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aw  abridging  the  rights  of  the  people  peacea 

'  ft"»r  n  r<ar1  o  a  r>4*  '  0 

keep  and  bear  arms  shall  not  be  infringed.  . 
to  be  secure  in  their  persons,  houses,  pap 
and  seizures,  shall  not  be  violated;  and  n< 
supported  by  oath  or  affirmation,  and  partici 
he  persons  or  things  to  be  seized  
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.L  ANALYSIS—  Contin 
due  process  of  law  ;  no 

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id  establish  this  Constituti 
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be  embraced  in  census  a 
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sons  (slaves)  shall  not  be 
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v  abridging  the  right  of  tl 
for  a  redress  of  grievance 
.eep  and  bear  arms  shall  r 
e  secure  in  their  persons, 
iizures,  shall  not  be  violati 
>rted  by  oath  or  affirmati 
!  persons  or  things  to  be  si 
ed  shall  enjoy  the  right  to 
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Pi      pLiP.      OH      Pi           PH      PH      PH           pMPi      Pi      PiPi                Pi 

ANALYSIS. 


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mitted,  which  district  shall  have  been  previously  ascertain 
the  nature  and  cause  of  the  accusation  ;  to  be  confronted 
to  have  compulsory  process  for  obtaining  witnesses  in  hi 

nnpR  nf  fniinfipl  fnr  his  rlpfnnrp.  .  . 

>NS  voted  for  as  President  and  Vice  President  to  be  name 
ION.  Congress  shall  make  no  law  abridging  the  right,  of  i 

mpnt  fnr  n  rpnVfiss  nf  crrip.vanrrp.fi  .  . 

NEY,  deputy  from  South  Carolina,  signed  this  Constitu 
NEY,  deputy  from  South  Carolina,  signed  this  Constitut 
IES.  Congress  shall  have  power  to  define  and  punish  pi 
the  high  seas,  and  offences  against  the  law  of  nations  •  •  • 
5.  No  preference  shall  be  given  by  any  regulation  of  com 
one  State  over  those  of  another  :  nor  shall  vessels  bound 

]RITY.  The  Constitution  established  in  order  to  secure 

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R  of  impeachment.  The  House  of  Representatives  shall 

mp.nt  .  . 

R.  Congress  shall  have  power.  (See  Congress.)  
R.  The  Senate  shall  have  the  sole  power  to  try  all  impe: 
R.  The  Executive  power  shall  be  vested  in  a  President  i 
R.  The  President  shall  have  power  to  grant  reprieves  an< 
United  States,  except  in  cases  of  impeachment  
R.  The  power  of  the  President  in  making  treaties,  appoil 

fSp.p.  Judicial  nower.l.  .  . 

R.  The  judicial  power  of  the  United  States  shall  not  be  c 
law  or  equity,  commenced  or  prosecuted  against  one  of 
another  State,  or  by  citizens  or  subjects  of  any  foreign  St 
RS  herein  granted  vested  in  Congress.  All  legislative  .  . 
RS.  Congress  shall  have  power  to  make  all  laws  which 
carrying  into  execution  the  foregoing  powers,  and  all  oth 

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ANALYSIS. 


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ANALYSIS. 


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ANALYSIS. 


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the  United  States,  and  will,  to  the  best 
Constitution  of  the  United  States'  '  
3  President  shall  be  commander-in-chief  o: 
the  militia  of  the  several  States  ;  when  i 
s  ;  he  may  require  the  opinion  in  writing  c 
departments,  upon  any  subject  relating  t< 
shall  have  power  to  grant  reprieves  at 
3,  except  in  cases  of  impeachment  
shall  have  power,  by  and  with  the  advii 
>rovided  two-thirds  of  the  Senators  presen 
ith  the  advice  and  consent  of  the  Senate 
:ers,  and  consuls,  judges  of  the  Supreme 
i,  whose  appointments  are  not  herein  othe 
I  by  law  :  but  the  Congress  may  by  law  ve 
they  think  proper,  in  the  President  alone 

3  President  shall  have  power  to  fill  up  all 
the  Senate,  by  granting  commissions  whic 

shall,  from  time  to  time,  give  to  the  Con 
1  recommend  to  their  consideration  such  r 
3nt  ;  he  may,  on  extraordinary  occasions, 
case  of  disagreement  between  them,  with 
arn  them  to  such  time  as  he  shall  think  pr 
blic  ministers  ;  he  shall  take  care  that  the 
ion  all  the  officers  of  the  United  States.  .  . 
e  President,  Vice  President,  and  all  civil 
from  office  on  impeachment  for,  and  conv 

ridging  the  freedom  of  speech  and  of  the  p 
of  profit  or  trust  under  the  United  States, 
)t  of  any  present,  emolument,  office,  or  tit 

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ALPHABET! 

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mil  lip.rnmp  n  law... 

D.  Any  order,  resolution,  or 
considered,  and  repassed  by  tw 
1  faith  and  credit  shall  be  gi' 
oceedings,  of  every  other  Stall 
manner  in  which  such  acls,  re 

vances.  Congress  shall  make  i 
le,  and  to  petition  the  Governr 
m  Delaware,  signed  this  Cons 
No  person  held  to  service  or 
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!  for  the  election  of  Senators  ai 
!.  The  Supreme  Court  shall 
.nd  fact,  with  such  exceptions, 

i.  The  Congress  shall  have 
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IGHTS.  Exclusive  rights  to  writings  and  discoveries  may  be 

ventors  for  a  limitpd  timp.  .  . 

IGHTS  of  domestic  security.  No  soldier  shall,  in  time  of  peace, 
out  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
IGHTS.  The  enumeration,  in  the  Constitution,  of  certain  rights 
or  disnarajre  others  retained  hv  thp  nponlp.  .  . 

OADS.  Congress  shall  have  power  to  establish  post  offices  and 
ULES  of  proceedings.  Each  House  of  Congress  may  determine 
ULES  concerning  captures.  Congress  shall  have  power  to  maki 
land  and  water.  .  . 

ULES  and  articles  of  war.  Congress  shall  have  power  to  mak 

regulation  of  thp  land  anH  nnval  forrps  .  . 

ULES  ofthe  common  law.  No  fact  tried  by  a  jury  shall  be  otht 
ofthe  United  States,  than  according  to  the  rules  ofthe  coi 
UNAWAY  slaves,  or  persons  held  to  service  or  labor,  and  fugit 
livered  nn.  &,c.  . 

UTLEDGE,  deputy  from  South  Carolina,  signed  this  Constitute 

CIENCE  and  useful  arts.  Congress  shall  have  power  to  promo 
useful  arts,  by  securing,  for  limited  times,  to  authors  and  i 
their  resnective  writings  and  discoveries  .  . 

E  ARCHES  and  seizures.  The  right  ofthe  people  to  be  secure  ir 
and  effects  against  unreasonable  searches  and  seizures  shs 
rant  shall  issue  but  upon  probable  cause,  supported  by  < 
larly  describing  the  place  to  be  searched,  and  the  persons  < 
EAT  of  Government.  Neither  House,  during  the  session  of  C< 
sent  of  the  other,  adjourn  for  more  than  three  days,  nor  t 
which  the  two  Houses  shall  he  sittino1  .  . 

EAT  of  Government.  Congress  shall  have  power  to  exercise  t 
whatsoever,  over  such  district  (not  exceeding  ten  miles  sqi 
ticular  States,  and  the  acceptance  of  Congress,  become  tin 

K     K      K      & 

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mes  McHenry,  Daniel  of  St.  Thomai 
lin  Blair,  James  Madison,  jun'r,  Vir 
illiam  Blount,  Richard  Dobbs  Spaig 
hn  Rutledge,  Charles  C.  Pinckney, 
illiam  Few,  Abraham  Baldwin,  Gee 
Attest:  William  Jackson,  Se 
No  State  shall  make  any  thing  but 
Three-fifths  of  all  slaves  included  i 
The  migration  or  importation  of  s 
nk  proper  to  admit,  shall  not  be  pro 
;ax  or  duty  may  be  imposed  on  su< 

No  amendment  of  the  Constituti 

No  person  held  to  service  or  labor 
other,  shall,  in  consequence  of  any 
•vice  or  labor,  but  shall  be  delivered 

No  amendment  made  prior  to  1808 
.  No  soldier  shall,  in  time  of  peac< 
3  owner,  nor  in  time  of  war,  but  in  a 
arolina  entitled  to  five  Representatn 
',  deputy  from  North  Carolina,  signi 

1  and  other  officers.  The  House  t 

u» 

Senators  and  Representatives,  for 

Congress  shall  make  no  law  abridj 
RD.  Congress  shall  have  power  to 
'the  Union.  ThePresidentshall.fi 

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ALPHABETICAL 

State  of  the  Union,  and  recommend  to  t 
lecessary  and  expedient  

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ANALYSIS. 


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;  of  peace,  enter  into  any  agreement  or  compact  w 
?r,  or  engage  in  war,  unless  actually  invaded,  or 

lit  of  rlp.lav  .  . 

>point,  in  such  manner  as  the  Legislature  therei 
ind  Vice  President  of  the  United  States.  (See  El 
shall  extend  to  controversies  to  which  the  United 
is  between  two  or  more  States;  between  a  State  z 
citizens  of  different  States;  between  citizens  c 
grants  of  different  States  ;  and  between  a  Sta 
tales,  citi'/fins.  or  HiihmrtH  .  . 

:h  a  State  shall  be  a  party,  the  Supreme  Court 

nes,  except  in  cases  of  impeachment,  shall  be  b 
ic  State  where  the  said  crimes  shall  have  been  con 
any  State,  the  trial  shall  be  at  such  place  or  placi 
ntpn.  .  . 

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:h  State  shall  be  entitled  to  all  privileges  and  imre 

in^any  State  with  treason,  felony,  or  other  crime,  v 
in  another  State,  shall,  on  demand  of  the  Executii 
fled,  be  delivered  up  to  be  removed  to  the  State  1 

service  or  labor  in  one  State,  under  the  laws  the 
sequence  of  any  law  or  regulation  therein,  be  dis< 
ihall  be  delivered  up  on  claim  of  the  party  to  who 

1  have  power  to  dispose  of,  and  make  all  needful 
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114 


ANALYSIS. 


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JVLPHABETICAL  ANALYSIS—  Contin 
this  Constitution  shall  be  so  construed  as  to  prejudice  any 

Jnited  States  shall  guaranty  to  every  State  in  this  Union  i 
ent,  and  shall  protect  each  of  them  against  invasion,  and,  o 
ire  or  of  the  Executive,  (when  the  Legislature  cannot  be  coi 

nlp.nr-R  .  . 

ate,  without  its  consent,  shall  be  deprived  of  its  equal  suffra 
idges  in  every  State  shall  be  bound  by  the  Constitution,  lawi 
tates,  any  thing  in  the  constitution  or  laws  of  any  State  to  tl 

5  2 

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1-regulated  militia  being  necessary  to  the  security  of  a  free  Si 

kfinn  nnH  lif>nr  nrnis  shnll  not  lu>  infrimrnH  .  . 

criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
in  impartial  jury  of  the  State  and  district  wherein  the  crime  s 
which  district  shall  have  been  previously  ascertained  by  law. 
)osing  the  President,  (by  the  House  of  Reps.,)  the  vote  shall 
esentatives  from  each  State  having  one  vote  :  a  quorum  foi 
f  a  member  or  members  from  two-thirds  of  the  States,  and 

all  hfi  nppp.ssnrv  to  n  phnirp.  .  . 

ilectors  shall  meet  in  their  respective  States  and  vote,  by  1 
President,  one  of  whom  at  least  shall  not  be  an  inhabitant  of 

resentatives  in  Congress  to  be  chosen  every  two  years  by  the 
resentatives  and  direct  taxes  to  be  apportioned  among  the  se 

>ir  rpsn«rtivf>  niimlipra.  .  . 

d  to  representatives  in  the  first  Congress  were.  The  
mpshire,  3;  Massachusetts,  8;  Rhode  Island  and  Provide 
:ticut,  5j  New  York,  6;  New  Jersey,  4;  Pennsylvania 

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f  the  United  States  shall  be 
as  the  Congress  may  from 
3  Supreme  and  Inferior  courti 
stated  times,  receive  for  their 
g  their  continuance  in  office.  • 
imbassadors,  other  public  mir 
f,  the  Supreme  Court  shall  h; 
ned,  the  Supreme  Court  shall 
i  such  exceptions,  and  under 

slaves)  might  have  been  impo 
tall  be  laid,  unless  in  proporti< 

.  tnltpn  .  . 

shall  in  any  manner  affect  the 
les  exported  from  any  State.  . 

to  be  apportioned  among  the 

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ngress  —  to  be  chosen  every  tv 
aken  within  every  term  often 

Representative  in  Congress  —  s 
include  those  persons  bound 

)  be  chosen  for  six  years  
enator  in  Congress  —  nine  yeai 
his  office  during  the  term  of 

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ALPHABETICA 

if.  Congress  shall  exercise  exclusive  1< 
blie  purposes  by  cession  of  particular  £ 
f.  The  Congress  shall  have  power 
tions  respecting  the  territory  or  other 
eligious  test  shall  ever  be  required  a: 

tho  ['nit,..!  Stutoa.. 

if.  No  person  shall  be  convicted  of  tre 
same  overt  act,  or  on  confession  in  op 
o  warrants  shall  issue  but  upon  prob 
articularly  describing  the  place  to  b« 

of  all  other  persons  (slaves)  included 
hs.  Amendments  to  the  Constitution 
ns  of  three-fourths  of  the  States  
sing  electors  may  be  determined  by  C 
lility.  No  title  of  nobility  shall  be  g 
g  any  office  of  profit  or  trust  under  the 
t  of  any  present,  emolument,  office,  o 

)ility.  No  State  shall  grant  any  title  < 
No  State  shall,  without  the  consent 
the  militia.  The  authority  of  training 
LITY.  Constitution  established  to  ir 
For  treason  a  Senator  or  Represental 
All  civil  officers  shall  be  removed  fn 

gainst  the  United  States  shall  consist 
>  their  enemies,  giving  them  aid  anc 
n  unless  on  (he  testimony  of  two  witn 

Congress  shall  have  power  to  declare 

piiLd^o££-Sft<u-S5~2e;gS-§iHt3dh, 

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PHABETICAL  ANALYS 

United  States  is  tried  on  an 

the  consent  of  Congress,  lay 

'eachment,  shall  not  extend  f 
id  enjoy  any  office  of  honor,  1 

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sist  of  a  member  or  members  from  two-thirds  of  the  States,  and  a  majorit; 

lirds.  A  quorum  (for  the  election  of  Vice  President  by  the  Senate)  shall  con 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of  the  whole  number  i 

RM.  All  duties,  imports,  and  excises,  shall  be  uniform  throughout  the  Unite 
RM.  Congress  shall  have  power  to  establish  a  uniform  rule  of  naturalization, 
laws  on  the  subject  of  bankruptcies,  throughout  the  United  States  
.  The  Constitution  established  in  order  to  form  a  more  perfect  Union  
.  Representatives  and  direct  taxes  shall  be  apportioned  among  the  several  S 
may  be  included  within  this  Union  according  to  their  respective  numbers,  &c 
.  The  President  shall,  from  time  to  time,  give  to  the  Congress  information  < 
of  the  Union,  and  recommend  to  their  consideration  such  measures  as  he  shal 

.  New  States  may  be  admitted  by  the  Congress  into  this  Union  
.  The  United  States  shall  guaranty  to  every  State  in  the  Union  a  republi 

D  States,  or  Government  of  the  United  States.  We  the  people  of  the  United  1 
do  ordain  and  establish  this  Constitution  for  the  United  States  of  America.  .  .  , 
D  States.  All  legislative  powers  herein  granted  shall  be  vested  in  a  Cong 

oH  StntPa  .  . 

D  States.  No  person  shall  be  a  Representative  who  shall  not  have  attained  t 
25  years,  and  been  seven  years  a  citizen  of  the  United  States  
D  States.  The  Senate  of  the  United  States  shall  be  composed  of  two  Senator 

fitntfi  .  . 

D  States.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
from  office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trus 

iinHpr  tho.  TTnitAd  StntP.s.. 

D  States.  The  Senators  and  Representatives  shall  receive  a  compensation  fc 
vices,  to  be  ascertained  by  law,  and  paid  out  of  the  Treasury  of  the  United  St 
D  States.  No  Senator  or  Representative  shall,  during  the  time  for  which  he  \ 
be  appointed  to  any  civil  office  under  the  authority  of  the  United  States,  whic] 

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the  emoluments  whereof  shall  have  b< 
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i  continuance  in  office.  .  . 

ess  shall  have  power  to  provide  for  the  c 
1  States  .  . 

ties,  imposts,  and  excises  shall  be  unifo 
ress  shall  have  power  to  establish  an  ui 
the  subject  of  bankruptcies  throughout  t 
ress  shall  have  power  to  provide  tor  the 
rrent  coin  of  the  United!  States  
lishment  of  the  seat  of  Government  of  t 
ress  shall  have  power  to  make  all  lav 
ig  into  execution  the  foregoing  powers, 
in  the  Government  of  the  United  State 

Fo  title  of  nobility  shall  be  granted  by  th 
•y.  (See  Treasury.) 
tate  shall,  without  the  consent  of  Congi 
ts,  except  what  may  be  absolutely  nece 
:  produce  of  all  duties  and  imposts  laid  b 
se  of  the  Treasury  of  the  United  States 

Executive  power  shall  be  vested  in  a  '. 

Senator  or  Representative,  or  person  h< 
States,  shall  be  appointed  an  elector  of 
:ime  of  choosing  electors  shall  be  the  sa 
jrson  except  a  natural  born  citizen,  or  o 
tion  of  the  Constitution,  nor  unless  he 
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lity  arising  under  this 
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e  United  States;  and 
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s  Union  a  republican 
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have  power  to  grant  reprie 
pt  in  cases  of  impeachment.  . 
nominate,  and,  by  and  with 
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e  established  by  law  , 
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r  of  the  United  States  sha 
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hall  extend  to  all  controversi 

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lemies,  giving  them  aid  and  < 
have  power  to  dispose  of  a 
fory  or  other  property  belong 
ill  be  so  construed  as  to  preji 
te.  .. 

shall  guaranty  to  every  Sta 
protect  each  of  them  against 
Executive,  (when  the  Legi 

a  Senator  who  shall  not  hav 
izen  of  the  United  States  .  .  . 
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ALPHABETICAL  ANALYSIS 
of  the  United  States.  Qualification  required  as  Vii 

thp  TInitfiH  Ktfltoa... 

In  case  of  the  removal  of  the  President  from  offic< 
ty  to  discharge  the  powers  and  duties  of  the  said  ofl 
President  ;  and  the  Congress  may  by  law  provide  f 
9n,  or  inability,  both  of  the  President  and  Vice  Pn 
n  act  as  President,  and  such  officer  shall  act  accoi 

.  or  n  Prp.siHpnt  shall  h«  nlprlprl  .  . 

shall  be  removed  from  office  on  impeachment  ft 
or  other  high  crimes  and  misdemeanors.  The 
of  the  United  States.  Election  of  Vice  President 
}  .  . 

The  lists  of  votes  of  electors  of  President  and  Vi 

•fisiHnnt  of  thn  Spnntp... 

The  President  of  the  Senate  shall,  in  presence  oft? 
s,  open  all  the  certificates  of  the  electors  of  .Preside 

If  the  House  of  Representatives  shall  not  choose  a 
s  shall  devolve  upon  them,  before  the  4th  day  of  Mi 
isident  shall  act  as  President,  as  in  the  case  of  the 

r  of  the.  Prpairlpnt  .  . 

The  person  having  the  greatest  number  of  votes  i 
isident,  if  such  number  be  a  majority  of  the  whole  i 
)  person  have  a  majority,  then,  from  the  two  high 
hall  choose  the  Vice  President  :  a  quorum  for  the  ] 
the  whole  number  of  Senators,  and  a  majority  of  t 
o  a  choice.  But  no  person,  constitutionally  ineligil 
sligible  to  that  of  Vice  President  of  the  United  Stat 
Phe  right  of  the  people  to  be  secure  in  their  persons 
nreasonable  searches  and  seizures,  shall  not  be  viol 
lied  to  ten  Representatives  in  the  first  Coneress  .  .  . 

'S    C  T3   "  ^"   &K2   2^2   n"°    U-OJ3-O  2  S'O'S    ®'J%~°   «         ?  "P   S=I 

'i^'g'C^'l^  I  oj-'c'l-'i  **'»  I'S's^'-.l'!--^  s^  §J 

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ANALYSIS. 


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The  Vice  President  shall  have  no  vote  unless  the  Senate  be  equally  div 
Every  vote  to  which  the  concurrence  of  the  Senate  and  House  of  Repr 
be  necessary,  (except  on  a  question  of  adjournment,)  shall  be  presented  t 

rSno  Rnonlntinn  1  .  . 

i  in  the  two  Houses  of  Congress,  on  passage  of  any  bill,  order,  resolution  c 
with  objections  by  the  President,  shall  be  taken  by  yeas  and  nays  
1  of  electors  of  President  and  Vice  President.  Place  and  manner  of  giving 
of  votes  to  be  made,  signed,  certified,  transmitted  sealed  to  the  seat 
directed  to  the  President  of  the  Senate,  to  be  opened  and  counted  by  th 
presence  of  the  Senate  and  House  of  Representatives;  the  number  necess 
the  day  on  which  electoral  votes  shall  be  given  throughout  the  United  Sta 

i  taken  by  States.  In  choosing  the  President  by  the  House  of  Represent 
shall  be  taken  by  States,  the  representation  from  each  State  having  one  v 

Congress  shall  have  power  to  declare  war,  grant  letters  of  marque  and  rej 

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No  State  shall,  without  the  consent  of  Congress,  engage  in  war  unless  a 

v  •  .  i  tA/'ll  nnt  «Hm  t  f  H  1 

Treason  against  the  United  States  shall  consist  only  in  levying  war  agai 

j»  '  t  tV»  Jr  i  *n  *  frivlnrr  tliom  oirl  nnil  .  n  .  r  .j.* 

No  soldier  shall  be  quartered  in  any  house  in  time  of  war,  but  in  a  manner 

!>.-  l-m- 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous  cri 
presentment  or  indictment  of  a  grand  jury,  except  in  cases  arising  in  th 
forces,  or  in  the  militia  when  in  actual  service,  in  time  of  war  or  public  da 
ANTS.  No  warrants  shall  issue  but  upon  probable  cause,  supported  by 
tion,  and  particularly  describing  the  place  to  be  searched,  and  the  persons 

;N(iTON,  President  and  deputy  from  Virginia,  signed  this  Constitution. 

.    .     .            GQ       OD                             CfJ                                                                                     ,v>             H 

ataa       HW               w       ei    oi    ei    ai    oi    oi       S       S 

H  ^  •—  *             E^       E""'                              E"^             2      '5S      5l      5*      "5i     *Sl 

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ANALYSIS. 


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ALPHABET 

WE  the  people  establish  this  Constitution  
rEIGHTS  and  measures.  Congress  shall  ha\ 
surf  .s  .  . 

WELFARE.  Constitution  established  to  prom 
WELFARE.  Congress  shall  have  power  to  pr 
WILLIAMSON,  deputy  from  North  Carolina, 
WILSON,  deputy  from  Pennsylvania,  signed  tfr 
WITNESSES.  No  person  shall  be  convicted  oi 
to  the  same  overt  act,  or  on  confession  i 
WITNESS  against  himself.  Nor  shall  any  pt 

WITNESSES  against  him.  In  all  criminal  p 

WITNESSES  in  his  favor.  In  all  criminal  pros 
for  obtaining  witnesses  in  his  favor  .... 
WRITINGS.  Exclusive  right  to  writings  may 
WRIT  of  habeas  corpus.  The  privilege  of  the  w 
when  in  cases  of  rebellion  or  invasion  th 

EAS  and  nays  of  the  members  of  either  House 
of  one-fifth  of  those  present,  be  entered 
EAS  and  nays.  Votes  in  the  two  Houses  of  C 
or  vote,  returned  with  objections  by  the 

CHAPTER  2. 

THE  Confederation  having  given  place  to  the  American  Union, 
under  the  Constitution  of  the  United  States,  it  was  considered  un- 
necessary to  insert,  in  the  first  and  second  editions  of  this  book,  the 
Articles  of  Confederation,  which  were  agreed  to  by  the  Delegates 
of  the  thirteen  Original  States,  in  Congress  assembled,  on  the  15th 
November,  1777;  ratified  by  eight  States,  on  the  9th  July,  1778; 
and  finally  ratified  by  all  the  States,  on  the  1st  March,  1781; 
but  on  fur/her  consideration,  those  articles  have  been  inserted  at  pa^e 
471,  merely  as  matter  of  history,  as  it  were  out  of  place  to  mingle 
that  inefficient  form  ot  government  with  the  present  approved 
and  successful  system,  which  has  stood  the  test  of  more  than  half 
a  century,  and  which  is  destined,  under  Divine  Providence,  not 
only  to  perpetuate  the  happiness  and  safety  of  the  people 
of  the  United  States,  but  to  be  the  Great  Exemplar  of  Nations, 
when  governments  shall,  by  the  natural  and  just  power  of  man,  be 
brought  to  their  legitimate  purposes  and  uses — to  establish  justice, 
insure  domestic  tranquillity,  provide  for  the  common  defence,  pro- 
mote the  general  welfare,  and  secure  the  blessings  of  liberty  to  the 
people. 

The  matter  contained  in  this  chapter  exhibits  the  deplorable  con- 
dition of  the  finances  and  credit  of  the  government  under  the  old 
form,  and  the  incompetency  ot  the  Congress  of  the  Confederation 
to  raise  a  revenue,  support  the  public  credit,  regulate  trade  or  com- 
merce, or  to  provide  for  the  wants  and  safety  of  the  country ;  and 
it  is  intended  thereby  to  show  the  immediate  and  prominent  causes 
that  led  to  the  abandonment  of  that  inefficient  form,  and  the  adop- 
tion of  the  present  system  of  government ;  and,  also,  to  show  the 
official  proceedings  by  which  the  change  was  effected  and  the  pre- 
sent Constitution  established. 

These  facts  and  proceedings  may  prove  a  warning  against  the 
treasonable  suggestions  of  the  evil  spirit,  whose  insidious  and 

alluring  temptations  are,  not  unfrequently,  directed  towards  the 

15  129 


130 

most  ardent  and  honest  citizens,  whose  zeal  in  the  defence  of  the 
supposed  interests  of  a  part  of  the  Union  might  induce  them  even 
to  go  so  far  as  to  calculate  the  value  of  the  Union  itself,  and  of  the 
Constitution.  By  exhibiting  the  impotency  of  the  measures  adopted 
by  the  Old  Confederation  to  provide  for  the  wants  and  to  secure 
the  independence  and  safety  of  the  people,  the  perusal  of  these 
proceedings  will  induce  a  due  appreciation  of  the  value  of  our 
inestimable  Union,  so  firmly  bound  together  by  the  conservative 
and  protective  principles  of  our  noble  Constitution,  and  will  banish 
from  the  mind  the  least  idea  of  a  disorganizing  tendency,  or  of 
relapsing  into  the  enfeebled  condition  of  the  General  Government 
before  the  adoption  of  the  Constitution.  The  danger  of  extracting 
from  the  edifice  one  particle  of  the  material  which  serves  to  sup- 
port its  magnificent  superstructure,  is  here  practically  made  mani- 
fest, and  every  true-hearted  American  citizen  will  firmly  resolve, 
with  heart  and  hand,  and  sleepless  vigilance,  to  guard  the  Union, 
fortified  by  the  Constitution,  as  the  citadel  of  our  liberties — the 
object  of  our  greatest  care,  and  the  consummation  of  our  earthly 
hope. 


OFFICIAL  PROCEEDINGS,  AND  THE  CAUSES  WHICH 
I.ED  TO  THE  ADOPTION  AND  RATIFICATION  OF  THE 
CONSTITUTION  OF  THE  UNITED  STATES. 

It  was  early  discovered  by  the  patriots  and  statesmen  of  the  Revolt!- 
tion,  that  a  bond  of  union,  to  connect  the  powers  and  means  of  the  colo- 
nies for  the  common  defence,  was  a  measure  of  absolute  necessity;  and 
hence  the  assemblage  of  a  number  of  delegates,  chosen  and  appointed 
by  the  several  colonies  and  provinces  in  North  America,  to  meet  and 
hold  a  Congress  in  Philadelphia,  at  the  Carpenter's  Hall,  on  Monday, 
tne  5th  September,  1774.  This  Congress  continued  to  act  under  the 
powers  separately  conferred  upon  the  delegates  by  the  respective  colo- 
nies, until  the  time  arrived  when,  from  their  patriotic  ardor,  the  delicacy 
of  their  position,  and  the  force  of  circumstances,  a  total  separation  from 
the  mother  country  became  necessary,  and  they  were  obliged  to  assume 
a  noble  stand  among  the  nations  of  the  earth.  Simultaneously  with  and 
consequent  upon  the  Declaration  of  Independence,  a  provision  for  an 


131 

adequate  national  government  became  so  manifestly  indispensable,  that, 
on  the  llth  June,  1776,  it  was  resolved  that  a  committee  be  appointed 
to  prepare  and  digest  the  form  of  a  confederation  to  be  entered  into  be- 
tween the  colonies.  After  due  deliberation,  the  Articles  of  Confedera- 
tion were  agreed  to,  in  Congress,  on  15th  November,  1777,  subject  to 
the  ratification  of  the  several  States.  The  ratification  by  eight  States 
was  announced  on  the  9th  July,  1778;  but  many  objections  were  urged 
to  these  articles,  and  so  reluctantly  did  some  of  the  States  part  with  a 
portion  of  their  powers,  that  it  was  not  until  the  1st  March,  1781,  that 
these  articles  were  fully  ratified;  and  no  sooner  were  they  ratified  than 
(indeed  before  their  final  ratification)  it  was  found  that  the  powers  con- 
ferred by  them  upon  Congress  were  totally  inadequate  to  the  indispen- 
sable purposes  of  a  national  government.  The  defects  first  became  ap- 
parent in  the  want  of  the  necessary  means  of  raising  a  revenue,  and 
next  in  the  absence  of  power  to  regulate  or  control  the  foreign  trade  and 
commerce  of  the  country;  and  on  the  3d  February,  1781,  a  member 
from  New  Jersey  moved  a  recommendation  to  the  States  that  Congress 
be  vested  with  additional  powers  to  provide  means  for  paying  the  public 
debt,  and  prosecuting  the  existing  war,  by  laying  duties  on  imports  and 
prize  goods.  One  of  the  States  having  refused  to  comply  with  this  re- 
commendation, the  subject  was  referred  to  a  committee,  by  whom  the 
following  report  was  made : 

1.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 
MONDAY,  DECEMBER  16,  1782. 

The  committee,  consisting  of  Mr.  Hamilton,  Mr.  Madison,  and  Mr. 
Fitzsimmons,  to  whom  was  referred  the  letter  of  30th  November,  from 
the  honorable  William  Bradford,  speaker  of  the  lower  house  of  Assem- 
bly of  the  State  of  Rhode  Island,  containing,  under  three  heads,  the 
reasons  of  that  State  for  refusing  their  compliance  with  the  recommenda- 
tion of  Congress  for  a  duty  on  imports  and  prize  goods ;  report, 

That  they  flatter  themselves  the  State,  on  a  reconsideration  of  the 
objections  they  have  offered,  with  a  candid  attention  to  the  arguments 
which  stand  in  opposition  to  them,  will  be  induced  to  retract  their  dis- 
sent, convinced  that  the  measure  is  supported  on  the  most  solid  grounds 
of  equal  justice,  policy,  and  general  utility.  The  following  observa- 
tions, contrasted  with  each  head  of  the  objections,  successively,  will 
furnish  a  satisfactory  answer  to  the  whole. 

First  objection.  "That  the  proposed  duty  would  be  unequal  in  K» 
operation,  bearing  hardest  upon  the  most  commercial  States,  and  so 


132 

would  press  peculiarly  hard  upon  that  State  which  draws  its  chief  sup- 
port from  commerce." 

The  most  common  experience,  joined  to  the  concurrent  opinions  of 
the  ablest  commercial  and  political  observers,  have  established  beyond 
controversy  this  general  principle,  "  that  every  duty  on  imports  is  incor- 
porated with  the  price  of  the  commodity,  and  ultimately  paid  by  the 
consumer,  with  a  profit  on  the  duty  itself,  as  a  compensation  to  the  mer- 
chant for  the  advance  of  his  money." 

The  merchant,  considers  the  duty  demanded  by  the  State  on  the  im- 
ported article,  in  the  same  light  with  freight,  or  any  similar  charge,  and, 
adding  it  to  the  original  cost,  calculates  his  profit  on  the  aggregate  sum. 
It  may  happen  that  at  particular  conjunctures,  where  the  markets  are 
overstocked,  and  there  is  a  competition  among  the  sellers,  this  may  not 
be  practicable ;  but  in  the  general  course  of  trade  the  demand  for  con- 
sumption preponderates,  and  the  merchant  can  with  ease  indemnify  him- 
self, and  even  obtain  a  profit  on  the  advance.  As  a  consumer,  he  pays 
his  share  of  the  duty ;  but  it  is  no  further  a  burden  upon  him.  The  con- 
sequence of  the  principle  laid  down  is,  that  every  class  of  the  commu- 
nity bears  its  share  of  the  duty  in  proportion  to  its  consumption,  which 
last  is  regulated  by  the  comparative  wealth  of  the  respective  classes,  in 
conjunction  with  their  habits  of  expense  or  frugality.  The  rich  and 
luxurious  pay  in  proportion  to  their  riches  and  luxury ;  the  poor  and  par- 
simonious, in  proportion  to  their  poverty  and  parsimony.  A  chief  excel- 
lence of  this  mode  of  revenue  is,  that  it  preserves  a  just  measure  to  the 
abilities  of  individuals,  promotes  frugality,  and  taxes  extravagance.  The 
same  reasoning  in  our  situation  applies  to  the  intercourse  between  two 
States;  if  one  imports  and  the  other  does  not,  the  latter  must  be  sup- 
plied by  the  former.  The  duty,  being  transferred  to  the  price  of  the 
commodity,  is  no  more  a  charge  on  the  importing  State  for  what  is  con- 
sumed in  the  other,  than  it  is  a  charge  on  the  merchant  for  what  is  con- 
sumed by  the  farmer  or  artificer.  Either  State  will  only  feel  the  burden 
in  a  ratio  to  its  consumption,  and  this  will  be  in  a  ratio  to  its  population 
and  wealth.  What  happens  between  the  different  classes  of  the  same 
community,  internally,  happens  between  the  two  States;  and  as  the 
merchant,  in  the  first  case,  so  far  from  losing  the  duty  himself,  has  a 
profit  on  the  money  he  advances  for  that  purpose,  so  the  importing 
State,  which,  in  the  second  case,  is  the  merchant  with  respect  to  the 
oth^r,  is  not  only  reimbursed  by  the  non-importing  State,  but  has  a  like 
benefit  on  the  duty  advanced.  It  is,  therefore,  the  reverse  of  a  just  po- 
sition, that  the  duty  proposed  will  bear  hardest  on  the  most  commercial 
S<ates  :  it  will,  if  any  thing,  have  a  contrary  effect,  though  not  in  a  suf- 


ficient  degree  to  justify  an  objection  on  the  part  of  the  non-importing 
States  ;  for  it  is  as  reasonable  they  should  allow  an  advance  on  the  duty 
paid  as  on  the  first  cost,  freight,  or  any  incidental  charge.  They  have 
also  other  advantages  in  the  measure  fully  equivalent  to  this  disadvan- 
tage. Over-nice  and  minute  calculations  in  matters  of  this  nature  are 
inconsistent  with  national  measures,  and,  in  the  imperfect  state  of  hu- 
man affairs,  would  stagnate  all  the  operations  of  government.  Absolute 
equality  is  not  to  be  obtained :  to  aim  at  it,  is  pursuing  a  shadow  at  the 
expense  of  the  substance,  and,  in  the  event,  we  should  find  ourselves 
wider  of  the  mark  than  if,  in  the  first  instance,  we  were  content  to  ap- 
proach it  with  moderation. 

Second  objection.  "That  the  recommendation  proposes  to  introduce 
into  that  and  the  other  States  officers  unknown  and  unaccountable  to 
them,  and  so  is  against  the  constitution  of  thelState." 

It  is  not  to  be  presumed  that  the  constitution  of  any  State  could  mean 
to  define  and  fix  the  precise  numbers  and  descriptions  of  all  officers  to 
be  permitted  in  the  State,  excluding  the  creation  of  any  new  ones,  what- 
ever might  be  the  necessity  derived  from  that  variety  of  circumstances 
incident  to  all  political  institutions.  The  legislature  must  always  have 
a  discretionary  power  of  appointing  officers  not  expressly  known  to  the 
constitution,  and  this  power  will  include  that  of  authorizing  the  federal 
government  to  make  the  appointments,  in  cases  where  the  general  wel- 
fare may  require  it.  The  denial  of  this  would  prove  too  much  ;  to  wit, 
that  the  power  given  by  the  Confederation  to  Congress  to  appoint  all 
officers  in  the  post-office  was  illegal  and  unconstitutional. 

The  doctrine  advanced  by  Rhode  Island  would  perhnps  prove,  also, 
that  the  Federal  Government  ought  to  have  the  appointment  of  no  inter- 
nal officers  whatever — a  position  that  would  defeat  all  the  provisions  of 
the  Confederation,  and  all  the  purposes  of  the  Union.  The  truth  is, 
that  no  federal  constitution  can  exist  without  powers  that  in  their  exer- 
cise affect  the  internal  police  of  the  component  members.  It  is  equally 
true,  that  no  government  can  exist  without  a  right  to  appoint  officers  for 
those  purposes  which  proceed  from  and  concentre  in  itself;  and  there- 
fore the  Confederation  has  expressly  declared  that  Congress  shall  have 
authority  to  appoint  all  such  "civil  officers  as  may  be  necessary  for 
managing  the  general  affairs  of  the  United  States  under  their  direc- 
tion." All  that  can  be  required  is,  that  the  Federal  Government 
confine  its  appointments  to  such  as  it  is  empowered  to  make  by  the 
original  act  of  union,  or  by  the  subsequent  consent  of  the  parties ;  un- 
less there  should  be  express  words  of  exclusion  in  the  constitution  of  a 

15" 


134 

State,  there  can  be  no  reason  to  doubt  that  it  is  within  the  compass  of 
legislative  discretion  to  communicate  that  authority. 

The  propriety  of  doing  it  upon  the  present  occasion  is  founded  on  sub- 
stantial reasons. 

The  measure  proposed  is  a  measure  of  necessity.  Repeated  experi- 
ments have  shown  that  the  revenues  to  be  raised  within  these  States  is 
altogether  inadequate  to  the  public  wants.  The  deficiency  can  only  be 
supplied  by  loans.  Our  applications  to  the  foreign  powers  on  whose 
friendship  we  depend  have  had  a  success  far  short  of  our  necessities. 
The  next  resource  is,  to  borrow  from  individuals.  These  will  neither  be 
actuated  by  generosity  nor  reasons  of  state.  'Tis  to  their  interest  alone 
we  must  appeal.  To  conciliate  this,  we  must  not  only  stipulate  a 
proper  compensation  for  what  they  lend,  but  we  must  give  security  for 
the  performance.  We  must  pledge  an  ascertained  fund,  simple  and  pro- 
ductive in  its  nature,  general  in  its  principle,  and  at  the  disposal  of  a 
single  will.  There  can  be  little  confidence  in  a  security  under  the  con- 
stant revisal  of  thirteen  different  deliberatives.  It  must,  once  for  all,  be 
defined  and  established  on  the  faith  of  the  States,  solemnly  pledged  to 
each  other,  and  not  revocable  by  any  without  a  breach  of  the  general 
compact. 

'Tis  by  such  expedients  that  nations  whose  resources  are  understood, 
•whose  reputations  and  governments  are  erected  on  the  foundation  of 
ages,  are  enabled  to  obtain  a  solid  and  extensive  credit.  Would  it  be 
reasonable  in  us  to  hope  for  more  eapy  terms,  who  have  so  recently 
assumed  our  rank  among  the  nations?  Is  it  not  to  be  expected  that  in- 
dividuals will  be  cautious  in  lendii  g  their  money  to  a  people  in  our  cir- 
cumstances, and  that  they  will  at  least  require  the  best  security  we  can 
give  ? 

We  have  an  enemy  vigilant,  intriguing,  well  acquainted  with  our  de- 
fects and  embarrassments.  We  may  expect  that  he  will  make  every 
effort  to  instil  diffidences  into  individuals;  and,  in  the  present  posture 
of  our  internal  affairs,  he  will  have  too  plausible  ground  on  which  to 
tread.  Our  necessities  have  obliged  us  to  embrace  measures  with  re- 
spect to  our  public  credit  calculated  to  inspire  distrust.  The  preposses- 
sions on  this  article  must  naturally  be  against  us,  and  it  is  therefore  in- 
dispensable we  should  endeavor  to  remove  them,  by  such  means  as  will 
be  the  most  obvious  and  striking. 

It  was  with  these  views  Congress  determined  on  a  general  fund ;  and 
the  one  they  have  recommended  must,  upon  a  thorough  examination, 
appear  to  have  fewer  inconveniences  than  any  other. 

It  has  been  remarked,  as  an  essential  part  of  the  plan,  that  the  fund 


135 

should  depend  on  a  single  will.  This  will  not  be  the  case  unless  the 
collection,  as  well  as  the  appropriation,  is  under  the  control  of  the  United 
States;  for  it  is  evident  that,  after  the  duty  is  agreed  upon,  it  may,  in  a 
great  measure,  be  defeated  by  an  ineffectual  mode  of  levying  it.  The 
United  States  have  a  common  interest  in  an  uniform  and  equally  ener- 
getic collection;  and  not  only  policy,  but  justice  to  all  the  parts  of  the 
Union,  designates  the  utility  of  lodging  the  power  of  making  it  where 
the  interest  is  common.  Without  this  it  might  in  reality  operate  as  a 
very  unequal  tax. 

Third  objection.  "  That  by  granting  to  Congress  a  power  to  collect 
moneys  from  the  commerce  of  these  States,  indefinitely  as  to  time  and 
quantity,  and  for  the  expenditure  of  which  they  would  not  be  account- 
able to  the  States,  they  would  become  independent  of  their  constituents, 
and  so  the  proposed  impost  is  repugnant  to  the  liberty  of  the  United 
States." 

Admitting  the  principle  of  this  objection  to  be  true,  still  it  ought  to 
have  no  weight  in  the  present  case,  because  there  is  no  analogy  between 
the  principle  and  the  fact. 

First.  The  fund  proposed  is  sufficiently  definite  as  to  time,  because  it 
is  only  co-extensive  with  the  existence  of  the  debt  contracted  and  to  be 
contracted  in  the  course  of  the  war.  Congress  are  persuaded  that  it  ia 
as  remote  from  the  intention  of  their  constituents  to  perpetuate  that 
debt,  as  to  extinguish  it  at  once  by  a  faithless  neglect  of  providing  the 
means  to  fulfil  the  public  engagements.  Their  ability  to  discharge  it  in 
a  moderate  time  can  as  little  be  doubted  as  their  inclination ;  and  the 
moment  that  debt  ceases,  the  duty,  so  far  as  respects  the  present  pro- 
vision, ceases  with  it. 

The  resolution  recommending  the  duty  specifies  the  object  of  it  to  be 
the  discharge  of  the  principal  and  interest  of  the  debts  already  contracted, 
or  which  may  be  contracted,  on  the  faith  of  the  United  States  for  sup- 
porting the  present  war. 

Secondly.  The  rate  per  cent,  is  fixed,  and  it  is  not  at  the  option  of  the 
United  States  to  increase  it.  Though  the  product  will  vary  according 
to  the  variations  in  trade,  yet,  as  there  is  this  limitation  of  the  rale,  it 
cannot  be  properly  said  to  be  indefinite  as  to  quantity. 

By  the  Confederation,  Congress  have  an  absolute  discretion  in  deter- 
mining the  quantum  of  revenue  requisite  for  the  national  expenditure. 
When  this  is  done,  nothing  remains  for  the  States,  separately,  but  the 
mode  of  raising.  No  State  can  dispute  the  obligation  to  pay  the  sum 
demanded,  without  a  breach  of  the  Confederation  ;  and  when  *he  money 
comes  into  the  treasury,  the  appropriation  is  the  exclusive  province  of 


136 

the  Federal  Government.  This  provision  of  the  Confederation  (without 
which  it  would  be  an  empty  form)  comprehends  in  it  the  principle,  in  its 
fullest  latitude,  which  the  objection  under  consideration  treats  as  repug- 
nant to  the  liberty  of  the  United  States — to  wit,  an  indefinite  power  of 
prescribing  the  quantity  of  money  to  be  raised,  and  of  appropriating  it 
when  raised. 

If  it  be  said  that  the  States,  individually,  having  the  collection  in  their 
own  hands,  may  refuse  a  compliance  with  exorbitant  demands,  the  Con- 
federation will  answer  that  this  is  a  point  of  which  they  have  no  consti- 
tutional liberty  to  judge.  Such  a  refusal  would  be  an  exertion  of  power, 
not  of  right ;  and  the  same  power  which  could  disregard  a  requisition 
made  on  the  authority  of  the  Confederation,  might  at  any  time  arrest 
the  collection  of  the  duty. 

The  same  kind  of  responsibility  which  exists  with  respect  to  the  ex- 
penditure of  the  money  furnished  in  the  forms  hitherto  practised,  would 
be  equally  applicable  to  the  revenue  from  the  imports. 

The  truth  is,  the  security  intended  to  the  general  liberty  in  the  Con- 
federation consists  in  the  frequent  election  and  in  the  rotation  of  the 
members  of  Congress,  by  which  there  is  a  constant  and  an  effectual 
check  upon  them.  This  is  the  security  which  the  people  in  every  State 
enjoy  against  the  usurpations  of  their  internal  governments,  and  it  is  the 
true  source  of  security  in  a  representative  republic.  The  Government, 
so  constituted,  ought  to  have  the  means  necessary  to  answer  the  end  of 
its  institution.  By  weakening  its  hands  too  much,  it  may  be  rendered 
incapable  of  providing  for  the  interior  harmony  or  the  exterior  defence 
of  the  State. 

The  measure  in  question,  if  not  within  the  letter,  is  within  the  spirit, 
of  the  Confederation.  Congress,  by  that,  are  empowered  to  borrow 
money  for  the  use  of  the  United  States,  and,  by  implication,  to  concert 
the  means  necessary  to  accomplish  the  end.  But,  without  insisting  upon 
this  argument,  if  the  Confederation  hits  not  made  proper  provision  for 
the  exigencies  of  the  States,  it  will  be  at  all  times  the  duty  of  Congress 
to  suggest  further  provisions ;  and,  when  their  proposals  are  submitted 
to  the  unanimous  consent  of  the  States,  they  can  never  be  charged  with 
exceeding  the  bounds  of  their  trust.  Such  a  consent  is  the  basis  and 
sanction  of  the  Confederation,  which  expressly,  in  the  13th  article,  em- 
powers Congress  to  agree  to  and  propose  such  additional  provisions. 

The  remarks  hitherto  made  have  had  reference  principally  to  the  fu- 
ture prosecution  of  the  war.  There  still  remains  an  interesting  light  in 
wWch  the  subject  ought  to  be  viewed. 

Mhe  United  States  have  already  contracted  a  debt  in  Europe,  and  in 


137 

this  country,  for  which  their  faith  is  pledged.  The  capital  of  this  debt 
can  only  be  discharged  by  degrees  ;  but  a  fund  for  this  purpose,  and  for 
paying  the  interest  annually,  on  every  principle  of  policy  and  justice, 
ought  to  be  provided.  The  omission  will  be  the  deepest  ingratitude  and 
cruelty  to  a  large  number  of  meritorious  individuals,  who,  in  the  most 
critical  periods  of  the  war,  have  adventured  their  fortunes  in  support  of 
our  independence.  It  would  stamp  the  national  character  with  indelible 
disgrace. 

An  annual  provision  for  the  purpose  will  be  too  precarious.  If  its  con- 
tinuance and  application  were  certain,  it  would  not  afford  complete  re- 
lief. With  many,  the  regular  payment  of  interest,  by  occasional  grants, 
would  suffice  ;  but  with  many  more  it  would  not.  These  want  the  use 
of  the  principal  itself,  and  they  have  a  right  to  it ;  but,  since  it  is  not  in 
our  power  to  pay  off  the  principal,  the  next  expedient  is  to  fund  the  debt 
and  render  the  evidences  of  it  negotiable. 

Besides  the  advantage  to  individuals  from  this  arrangement,  the  active 
stock  of  the  nation  would  be  increased  by  the  whole  amount  of  the  do- 
mestic debt,  and  of  course  the  abilities  of  the  community  to  contribute 
to  the  public  wants  ;  the  national  credit  would  revive  and  stand  hereafter 
on  a  secure  basis. 

This  was  another  object  of  the  proposed  duty. 

If  it  be  conceded  that  a  similar  fund  is  necessary,  it  can  hardly  be  dis- 
puted that  the  one  recommended  is  the  most  eligible.  It  has  boon 
already  shown  that  it  affects  all  parts  of  the  community  in  proportion  to 
their  consumption,  and  has  therefore  the  best  pretensions  to  equality.  It 
is  the  most  agreeable  tax  to  the  people  that  can  be  imposed,  because  it 
is  paid  insensibly,  and  seems  to  be  voluntary. 

It  may  perhaps  be  imagined  that  it  is  unfavorable  to  commerce ;  but 
the  contrary  can  easily  be  demonstrated.  It  has  been  seen  that  it  does 
not  diminish  the  profit  of  the  merchant,  and,  of  course,  can  be  no  dimi- 
nution of  his  inducements  to  trade.  It  is  too  moderate  in  its  amount  to 
discourage  the  consumption  of  imported  goods,  and  cannot  on  that  ac- 
count abridge  the  extent  of  importations.  If  it  even  had  this  effect,  it 
would  be  an  advantage  to  commerce,  by  lessening  the  proportion  of  our 
imports  to  our  exports,  and  inclining  the  balance  in  favor  of  this 
country. 

The  principal  thing  to  be  consulted  for  the  advancement  of  commerce 
is  to  promote  exports.  All  impediments  to  these,  eirher  by  way  of  pro- 
hibition or  by  increasing  the  prices  of  native  commodities,  decreasing  by 
that  means  their  sale  and  consumption  at  foreign  markets,  are  injurious. 
Duties  on  exports  have  this  operation.  For  the  same  reason,  taxes  on 


138 

possessions  and  the  articles  of  our  own  growth  or  manufacture,  '.vhether 
in  the  form  of  a  land  tax,  excise,  or  any  other,  are  more  hurtful  to  trade 
than  impost  duties.  The  tendency  of  all  such  taxes  is  to  increase  the 
prices  of  those  articles  which  are  the  objects  of  exportation,  and  to  ena- 
ble others  to  undersell  us  abroad.  The  farmer,  if  he  pays  a  heavy  land 
tax,  must  endeavor  to  get  more  for  the  products  of  his  farm :  the  me- 
chanic and  laborer,  if  they  find  the  necessaries  of  life  grow  dearer  by  an 
excise,  must  endeavor  to  exact  higher  wages  ;  and  these  causes  will  pro- 
duce an  increase  of  prices  within,  and  operate  against  foreign  com- 
merce. 

It  is  not,  however,  to  be  inferred  that  the  whole  revenue  ought  to  be 
drawn  from  imports :  all  extremes  are  to  be  rejected.  The  chief  thing 
to  be  attended  to  is,  that  the  weight  of  the  taxes  fall  not  too  heavily,  in 
the  first  instance,  upon  particular  parts  of  the  community.  A  judicious 
distribution  to  all  kinds  of  taxable  property  is  a  first  principle  in  taxa- 
tion. The  tendency  of  these  observations  is  only  to  show  that  taxes  on 
possessions — on  articles  of  our  own  growth  and  manufacture — are  more 
prejudicial  to  trade  than  duties  on  imports. 

The  observations  which  conclude  the  letter  on  which  these  remarks 
are  made,  naturally  lead  to  reflections  that  deserve  the  serious  attention 
of  every  member  of  the  Union.  There  is  a  happy  mean  between  too 
much  confidence  and  excessive  jealousy,  in  which  the  health  and  pros- 
perity of  a  State  consist.  Either  extreme  is  a  dangerous  vice  :  the  first 
is  a  temptation  to  men  in  power  to  arrogate  more  than  they  have  a  right 
to ;  the  latter  enervates  government,  prevents  system  in  the  administra- 
tion, defeats  the  most  salutary  measu.es,  breeds  confusion  in  the  State, 
disgusts  and  discontents  among  the  people,  and  may  eventually  prove  as 
fatal  to  liberty  as  the  opposite  temper. 

It  is  certainly  pernicious  to  leave  any  government  in  a  situation  of  re- 
sponsibility disproportioned  to  its  power. 

The  conduct  of  the  war  is  intrusted  to  Congress,  and  the  public  ex- 
pectation turned-  upon  them,  without  any  competent  means  at  their  com- 
mand to  satisfy  the  important  trim..  After  the  most  full  and  solemn 
deliberation,  under  a  collective  view  of  all  the  public  difficulties,  they 
recommend  a  measure  which  appears  to  them  the  corner-stone  of  the 
public  safety :  they  see  this  measure  suspended  for  near  two  years  ;  par- 
tially complied  with  by  some  of  the  States ;  rejected  by  one  of  them, 
and  in  danger  on  that  account  to  be  frustrated  ;  the  public  embarrass- 
ments every  day  increasing;  the  dissatisfaction  of  the  army  growing 
more  serious;  the  other  creditors  of  the  public  clamoring  for  justice; 
both  irritated  by  the  delay  of  measures  for  their  present  relief  or  future 


139 

security ;  the  hopes  of  our  enemies  encouraged  to  protract  the  war ;  the 
zeal  of  our  friends  depressed  by  an  appearance  of  remissness  and  want 
of  exertion  on  our  part;  Congress  harassed;  the  national  character  suf- 
fering, and  the  national  safety  at  the  mercy  of  events. 

This  state  of  things  cannot  but  be  extremely  painful  to  Congress,  and 
appear  to  your  committee  to  make  it  their  duty  to  be  urgent  to  obviate 
the  evils  with  which  it  is  pregnant. 

llesolved,  That  Congress  agree  to  the  said  report. 

2.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 

FRIDAY,  APRIL  18,  1783. 

Resolutions  were  passed  recommending  to  the  several  States  to  invest 
the  Congress  with  certain  specified  powers  for  raising  revenue  to  restore 
and  maintain  the  public  credit,  &c.  These  resolutions  were  transmitted 
to  the  several  States,  with  an  address,  prepared  by  a  committee  consist- 
ing  of  Mr.  Madison,  Mr.  Ellsworth,  and  Mr.  Hamilton,  and  adopted  by 
Congress  on  the  26th  April,  1783.  The  resolutions,  as  well  as  the  ad- 
dress, consist,  for  the  most  part,  of  propositions  and  recommendations 
concerning  the  fiscal  measures  necessary  to  be  adopted  ;  from  the  latter, 
however,  it  is  considered  proper  to  make  the  following  extracts: 

"  The  plan  thus  communicated  and  explained  by  Congress  must  now 
receive  its  fate  from  their  constituents.  All  the  objects  comprised  in  it  are 
conceived  to  be  of  great  importance  to  the  happiness  of  this  confederated 
republic,  are  necessary  to  render  the  fruits  of  the  Revolution  a  full  re- 
ward for  the  blood,  the  toils,  the  cares,  and  the  calamities  which  have 
purchased  it.  But  the  object  of  which  the  necessity  will  be  peculiarly 
felt,  and  which  it  is  peculiarly  the  duty  of  Congress  to  inculcate,  is  the 
provision  recommended  for  the  national  debt.  Although  this  debt  is 
greater  than  could  have  been  wished,  it  is  still  less  on  the  whole  than 
could  have  been  expected,  and,  when  referred  to  the  cause  in  which  it 
has  been  incurred,  and  compared  with  the  burdens  which  wars  of  ambi- 
tion and  of  vain-glory  have  entailed  on  other  nations,  ought  to  be  borne, 
not  only  with  cheerfulness,  but  with  pride.  But  the  magnitude  of  the 
debt  makes  no  part  of  the  question.  It  is  sufficient  that  the  debt  has 
been  fairly  contracted,  and  that  justice  and  good  faith  demand  that  it 
should  be  fully  discharged.  Congress  had  no  option  but  between  dif- 
ferent modes  of  discharging  it.  The  same  option  is  the  only  one  that 
can  exist  with  the  States.  The  mode  which  has,  after  long  and  elabo- 
rate discussion,  been  preferred,  is,  we  are  persuaded,  the  least  objection- 
able of  any  that  would  have  been  equal  to  the  purpose.  Under  this  per- 


140 

suasion,  we  call  upon  the  justice  and  plighted  faith  of  the  several  States, 
to  give  it  its  proper  effect,  to  reflect  on  the  consequences  of  rejecting  it, 
and  to  remember  that  Congress  will  not  be  answerable  for  them. 

"Let  it  be  remembered,  finally,  that  it  has  ever  been  the  pride  and 
boast  of  America  that  the  rights  for  which  she  contended  were  the  rights 
of  human  nature.  By  the  blessings  of  the  Author  of  these  rights  on 
the  means  exerted  for  their  defence,  they  have  prevailed  against  all  op- 
position, and  form  the  basis  of  thirteen  independent  States.  No  instance 
has  heretofore  occurred,  nor  can  any  instance  be  expected  hereafter  to 
occur,  in  which  the  unadulterated  forms  of  republican  government  can 
pretend  to  so  fair  an  opportunity  of  justifying  themselves  by  their  fruits. 
In  this  view,  the  citizens  of  the  United  States  are  responsible  for  the 
greatest  trust  ever  confided  to  a  political  society.  If  justice,  good  faith, 
honor,  gratitude,  and  all  the  other  qualities  which  ennoble  the  character 
of  a  nation,  and  fulfil  the  ends  of  government,  be  the  fruits  of  our  esta- 
blishments, the  cause  of  liberty  will  acquire  a  dignity  and  lustre  which  it 
has  never  yet  enjoyed,  and  an  example  will  be  set  which  cannot  bu' 
have  the  most  favorable  influence  on  the  rights  of  mankimf.  11,  ou  the 
other  side,  our  governments  should  be  unfortunately  blotted  with  the  re 
verse  of  these  cardinal  and  essential  virtues,  the  great  cause  which  we 
have  engaged  to  vindicate  will  be  dishonored  and  betrayed,  the  last  and 
fairest  experiment  in  favor  of  the  rights  of  human  nature  will  be  turned 
against  them,  and  their  patrons  and  friends  exposed  to  be  insulted  and 
silenced  by  the  votaries  of  tyranny  and  usurpation. 

"  By  order  of  the  United  States  in  Congress  assembled." 

8.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 

WEDNESDAY,  APRIL  30,  1784 

Congress  assembled.  Present :  New  Hampshire,  Massachusettb 
Rhode  Island,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Maryland,  Virginia,  North  Carolina,  and  South  Carolina. 

Congress  took  into  consideration  the  report  of  B  committee,  consisting 
of  Mr.  Gerry,  Mr.  Reed,  Mr.  Williamson,  Mr.  Chase,  and  Mr.  Jeffer- 
son, to  whom  were  referred  sundry  letters  and  papers  relative  to  com- 
mercial matters  ;  and  the  same,  being  amended,  was  agreed  to  as 
follows : 

"  The  trust  reposed  in  Congress  renders  it  their  duty  to  be  attentive  to 
the  conduct  of  foreign  nations,  and  to  prevent  or  restrain,  as  far  as  may 
be,  all  such  proceedings  as  might  prove  injurious  to  the  United  States. 
The  situation  of  commerce  at  this  time  claims  the  attention  of  the  seve- 


141 

ral  States ;  and  few  objects  of  greater  importance  can  present  them- 
selves to  their  notice.  The  fortune  of  every  citizen  is  interested  in  the 
success  thereof,  for  it  is  the  constant  source  of  wealth  and  incentive  to 
industry;  and  the  value  of  our  produce  and  our  land  must  ever  rise  or 
fall  in  proportion  to  the  prosperous  or  adverse  state  of  trade. 

"Already  has  Great  Britain  adopted  regulations  destructive  of  our  com- 
merce with  her  West  India  Islands.  There  was  reason  to  expect  that 
measures  so  unequal  and  so  little  calculated  to  promote  mercantile  inter- 
course, would  not  be  persevered  in  by  an  enlightened  nation.  But  these 
measures  are  growing  into  system.  It  would  be  the  duty  of  Congress, 
as  it  is  their  wish,  to  meet  the  attempts  of  Great  Britain  with  similar 
restrictions  on  her  commerce:  but  their  powers  on  this  head  are  not  ex- 
plicit, and  the  propositions  made  by  the  legislatures  of  the  several  States 
render  it  necessary  to  take  the  general  sense  of  the  Union  on  this 
subject. 

"  Unless  the  United  States  in  Congress  assembled  shall  be  vested  with 
powers  competent  to  the  protection  of  commerce,  they  can  never  com- 
mand reciprocal  advantages  in  trade  ;  and,  without  these,  our  foreign 
commerce  must  decline,  and  eventually  be  annihilated.  Hence  it  is  ne- 
cessary that  the  States  should  be  explicit,  and  fix  on  some  effectual 
mode  by  which  foreign  commerce  not  founded  on  nrinciDle?  o<  equahtv 
may  be  restrained. 

"That  the  United  States  may  be  enabled  to  secure  such  ;erins  tbe? 
have 

"Resolved,  That  it  be,  and  it  hereby  is,  recommended  to  trie  legisla 
tures  of  the  several  States  to  vest  the  United  Stales  in  Congress  assem 
bled,  for  the  term  of  fifteen  years,  with  power  to  prohibit  any  goods 
wares,  or  merchandise,  from  being  imported  into  or  exported  from  any 
of  the  States,  in  vessels  belonging  to  or  navigated  by  the  subjects  ol  any 
power  with  whom  these  States  shall  not  have  formed  treaties  of  com 
nierce. 

"Resolved,  That  it  be,  and  it  hereby  is,  recommended  ro  the  legisla 
tures  of  the  several  States  to  vest  the  United  States  in  Congress  assem 
bled,  for  the  term  of  fifteen  years,  with  the  power  of  prohibiting  the  sub 
jects  of  any  foreign  state,  kingdom,  or  empire,  unless  authorized  by 
treaty,  from  importing  into  the  United  States  any  goods,  wares,  or  mer 
chandise,  which  are  not  the  produce  or  manufacture  of  the  dominions  ot 
the  sovereign  whose  subjects  they  are. 

"  Provided,  That  to  all  acts  of  the  United  States  in  Congress  assem 
bled,  in  pursuance  of  the  above  powers,  the  assent  of  nine  States  sha'! 
!  e  necessary." 

16 


142 

4.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 
WEDNESDAY,  JULY  13,  1785. 

Congress  took  into  consideration  the  report  of  a  committee,  consisting 
of  Mr.  Monroe,  Mr.  Spaight,  Mr.  Houstoun,  Mr.  Johnson,  and  Mr. 
King,  on  a  motion  of  Mr.  Monroe,  for  vesting  the  United  States  in  Con- 
gress assembled  with  the  power  of  regulating  trade ;  and,  the  same 
being  read, 

Ordered,  That  it  be  referred  to  a  committee  of  the  whole. 

Congress  was  then  resolved  into  a  committee  of  the  whole. 

Mr.  Holten  was  elected  to  the  chair. 

The  P.esident  resumed  the  chair ;  and  Mr.  Holten  reported  that  the 
committee  of  the  whole  have  had  under  consideration  the  subject  re- 
ferred to  them,  but,  not  having  come  to  a  conclusion,  desire  leave  to  sit 
again  to-morrow. 

Eesolved,  That  leave  be  granted.  , 

[The  following  is  the  report  referred  to.  It  was  afterwards  farther  considered  ; 
but  Congress  did  not  come  to  any  final  determination  with  respect  to  the  consii- 
tutional  alteration  which  it  proposed.  It  was  deemed  most  advisable,  at  the 
time,  that  any  proposition  for  perfecting  the  act  of  confederation  should  originate 
will  the  Slate  legislatures.] 

The  committee,  consisting  of  Mr.  Monroe,  Mr.  Spaight,  Mr.  Hous- 
toun, Mr.  Johnson,  and  Mr.  King,  to  whom  was  referred  the  motion  of 
Mr.  Monroe,  submit  the  following  report : 

That  the  first  paragraph  of  the  ninth  of  the  Articles  of  Confederation 
be  altered,  so  as  to  read  thus,  viz : 

"  The  United  States  in  Congress  assembled  shall  have  the  sole  and 
exclusive  right  and  power  of  determining  on  peace  and  war,  except  in 
the  cases  mentioned  in  the  sixth  article — of  sending  and  receiving  eni- 
bassadors — entering  into  treaties  and  alliances — of  regulating  the  trade 
of  the  States,  as  well  with  foreign  nations  as  with  each  other,  and  of 
laying  such  impost  and  duties  upon  imports  and  exports  as  may  be  ne- 
cessary for  the  purpose ;  provided,  that  the  citizens  of  the  States  shall 
in  no  case  be  subjected  to  pay  higher  imposts  and  duties  than  those  im- 
posed on  the  subjects  of  foreign  powers ;  provided,  also,  that  the  legis- 
lative power  of  the  several  States  shall  not  be  restrained  from  prohibit- 
ing the  importation  or  exportation  of  any  species  of  goods  or  commodi- 
ties whatsoever ;  provided,  also,  that  all  such  duties  as  may  be  imposed 
shall  be  collected  under  the  authority,  and  accrue  to  the  use,  of  the 
State  in  which  the  same  shall  be  payable ;  and  provided,  lastly,  that 
every  act  of  Congress  for  the  above  purpose  shall  have  the  assent  ol 


143 

nine  States  in  Congress  assembled — of  establishing  rules  for  deciding  in 
all  cases  what  captures  on  land  or  water  shall  be  legal,  and  in  what 
manner  prizes  taken  by  land  or  naval  forces  in  the  service  of  the  United 
States  shall  be  divided  or  appropriated — of  granting  letters  of  marque 
and  reprisal  in  time  of  peace — appointing  courts  for  the  trial  of  piracies 
and  felonies  committed  on  the  high  seas,  and  establishing  courts  for  re- 
ceiving and  determining  finally  appeals  in  all  cases  of  captures  ;  provided 
that  no  member  of  Congress  shall  be  appointed  judge  of  any  of  the  said 
courts."  ^ 

That  the  following  letter  be  addressed  to  the  legislature  of  the  several 
States,  showing  the  principles  on  which  the  above  alteration  is  pro- 
posed : 

The  United  States  having  formed  treaties  of  commerce  with  the  most 
Christian  king  the  King  of  Sweden,  and  the  states-general  of  the  United 
Netherlands  ;  and  having  appointed  ministers  with  full  authority  to  enter 
into  treaties  with  other  powers,  upon  such  principles  of  reciprocity  as 
may  promote  their  peace,  harmony,  and  respective  interests, — it  he- 
comes  necessary  that  such  internal  arrangements  should  be  made  as  may 
strictly  comport  with  the  faith  of  those  treaties,  and  insure  success  to 
their  future  negotiations.  But,  in  the  pursuit  of  the  means  necessary 
for  the  attainment  of  these  ends,  considerable  difficulties  arise.  If  tne 
legislature  of  each  State  adopts  its  own  measures,  many  and  very  emi- 
nent disadvantages  must,  in  their  opinion,  necessarily  result  therefrom. 
They  apprehend  it  will  be  difficult  for  thirteen  different  legislatures,  act- 
ing separately  and  distinctly,  to  agree  in  the  same  interpretation  of  a 
treaty,  to  take  the  same  measures  for  carrying  it  into  effect,  and  to  con- 
duct their  several  operations  upon  such  principles  as  to  satisfy  those 
powers,  and  at  the  same  time  preserve  the  harmony  and  interests  of  the 
Union,  or  to  concur  in  those  measures  which  may  be  necessary  to  coun- 
teract the  policy  of  those  powers  with  whom  they  shall  not  be  able  to 
form  commercial  treaties,  and  who  avoid  it  merely  from  an  opinion  of 
their  imbecility  and  indecision.  And  if  the  several  States  levy  different 
duties  upon  their  particular  produce  exported  to  the  ports  of  those 
powers,  or  upon  the  produce  and  manufactures  of  those  powers  imported 
into  each  State,  either  in  vessels  navigated  by  and  belonging  to  the  citi- 
zens of  these  States  or  the  subjects  of  those  powers,  it  will,  they  appre- 
hend, induce  on  their  part  similar  discriminations  in  the  duties  upon  the 
commercial  intercourse  with  each  State,  and  thereby  defeat  the  object 
of  those  treaties,  and  promote  the  designs  of  those  who  wish  to  profit 
from  their  embarrassment.  Unless  the  United  States  in  Congress  as<- 
sembled  are  authorized  to  make  those  arrangements  which  become  ne- 


144 

cessary  under  their  treaties,  and  arc  enabled  to  carry  them  into  effect, 
they  cannot  complain  of  a  violation  of  them  on  the  part  of  other  powers. 
And  unless  they  act  in  concert  in  the  system  of  policy  which  may  be 
necessary  to  frustrate  the  designs  of  those  powers  who  lay  injurious  re- 
straints on  their  trade,  they  must  necessarily  become  the  victims  of 
their  own  indiscretion. 

The  common  principle  upon  which  a  friendly  commercial  intercourse  is 
conducted  between  ^independent  nations,  is  that  of  reciprocal  advantages  ; 
and  if  this  is  not  obtained,  it  becomes  the  duty  of  the  losing  party  to 
make  such  farther  regulations,  consistently  with  the  faith  of  treaties,  as 
will  remedy  the  evil,  and  secure  its  interests.  If,  then,  the  commercial 
regulations  of  any  foreign  power  contravene  the  interests  of  any  particu- 
lar State — if  they  refuse  admittance  to  its  produce  into  its  ports  upon  the 
Bame  terms  that  the  State  admits  its  manufactures  here, — what  course 
will  it  take  to  remedy  the  evil  ?  If  it  makes  similar  regulations  to  coun- 
teract those  of  that  power,  by  reciprocating  the  disadvantages  which  it 
feels,  by  impost  or  otherwise,  will  it  produce  the  desired  effect?  What 
operation  will  it  have  upon  the  neighboring  States  ?  Will  they  enter 
into  similar  regulations,  and  make  it  a  common  cause?  On  the  con- 
trary, will  they  not,  in  pursuit  of  the  same  local  policy,  avail  themselves 
of  this  circumstance  to  turn  it  to  their  particular  advantage  ?  Thus, 
then,  we  behold  the  several  States  taking  separate  measures  in  pursuit 
of  their  particular  interests  in  opposition  to  the  regulaiions  of  foreign 
powers,  and  separately  aiding  those  powers  to  defeat  the  regulations  of 
each  other  ;  for,  unless  the  States  act  together,  there  is  no  plan  of  policy 
into  which  they  can  separately  enter,  which  they  will  not  be  separately 
interested  to  defeat,  and  of  course  all  their  measures  must  prove  vain 
and  abortive. 

The  policy  of  each  nation,  in  its  commercial  intercourse  with  other 
powers,  is  to  obtain,  if  possible,  the  principal  share  of  the  carriage  of 
the  materials  of  either  party ;  and  this  can  only  be  effected  by  laying 
higher  duties  upon  imports  and  exports  in  foreign  vessels,  navigated  by 
the  subjects  of  foreign  powers,  than  in  those  which  belong  to  and  are 
navigated  by  those  of  its  own  dominions.  This  principle  prevails,  in  a 
greater  or  less  degree,  in  the  regulations  of  the  oldest  and  wisest  com- 
mercial nations,  with  respect  to  each  other,  and  will,  of  course,  be  ex- 
tended to  these  States.  Unless,  therefore,  they  possess  a  reciprocal 
power,  its  operation  must  produce  the  most  mischievous  effects.  Unable 
to  counteract  the  restrictions  of  those  powers  by  similar  restrictions 
•4iere,  or  to  support  the  interests  of  their  citizens  by  discriminations  in 
their  favor,  their  system  will  prevail.  Possessing  no  advantages  in  the 


145 

ports  of  his  own  country,  and  subjected  to  much  higher  duties  and  re- 
strictions in  those  of  other  powers,  it  will  necessarily  become  the  interest 
of  the  American  merchant  to  ship  his  produce  in  foreign  bottoms :  of 
course  their  prospects  of  national  consequence  must  decline,  their  mer- 
chants become  only  the  agents  and  retailers  of  those  foreign  powers, 
their  extensive  forests  be  hewn  down  and  laid  waste  to  add  to  their 
strength  and  national  resources,  and  the  American  flag  be  rarely  seen 
upon  the  face  of  the  seas. 

But  if  they  act  as  a  nation,  the  prospect  is  more  favorable  to  them. 
The  particular  interests  of  every  State  will  then  be  brought  forward, 
and  receive  a  federal  support.  Happily  for  them,  no  measures  can  be 
taken  to  promote  the  interests  of  either  which  will  not  equally  promote 
that  of  the  whole.  If  their  commerce  is  laid  under  injurious  restrictions 
in  foreign  ports,  by  going  hand  in  hand  in  confidence  together,  by  wise 
and  equitable  regulations,  they  will  the  more  easily  sustain  the  inconve- 
nience or  remedy  the  evil.  If  they  wish  to  cement  the  Union  by  the 
strongest  ties  of  interest  and  affection;  if  they  wish  to  promote  its 
strength  and  grandeur,  founded  upon  that  of  each  individual  State,  — 
every  consideration  of  local  as  well  as  of  federal  policy  urge  them  to 
adopt  the  following  recommendation.* 

The  situation  of  the  commercial  affairs  of  the  Union  requires  that  the 
several  legislatures  should  come  to  the  earliest  decision  on  the  subject, 
which  they  now  submit  to  their  consideration.  They  have  weighed  it 
with  that  profound  attention  which  is  due  to  so  important  an  object,  and 
are  fully  convinced  of  its  expedience.  A  further  delay  must  be  produc- 
tive of  inconvenience.  The  interests  which  will  vest  in  every  part  of 
the  Union  must  soon  take  root  and  have  their  influence.  The  produce 
raised  upon  the  banks  of  those  great  rivers  and  lakes  which  have  their 
sources  high  up  in  the  interior  parts  of  the  continent  will  empty  ilself 
into  the  Atlantic  in  different  directions ;  and,  of  course,  as  the  States 
rearing  to  the  westward  attain  maturity,  and  get  admission  into  the  Con- 
federation, will  their  government  become  more  complicated.  Whether 
this  will  be  a  source  of  strength  and  wealth  to  the  Union,  must,  there- 
fore, in  a  great  degree,  depend  upon  the  measures  which  may  be  now 
adopted. 

A  temporary  power  would  not,  in  their  opinion,  enable  the  United 
States  to  establish  the  interests,  nor  attain  the  salutary  object,  which 
they  propose :  the  expectation  that  it  will  revert  to  the  States,  and  re- 
main with  them  for  the  future,  would  lessen  its  weight  with  foreign 

•Alluding  to  the  alteration  proposed.    See  p.  142. 
16* 


146 

powers;  and,  while  the  interests  of  each  Slate  and  of  the  Federal  Gov- 
ernment continue  to  be  the  same,  the  same  evils  will  always  require  the 
same  correction,  and  of  course  the  necessary  powers  should  always  be 
lodged  in  the  same  hands.  They  have  therefore  thought  proper  to  pro- 
pose an  efficient  and  perpetual  remedy. 

[The  subject  was  afterwards  brought  forward  in  the  House  of  Delegates  of  the 
Commonwealth  of  Virginia,  by  Mr.  Madison,  whose  proposed  resolution  and  the 
proceedings  thereon  follow  these  proceedings  in  Congress.] 

5.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 
WEDNESDAY,  FEBRUARY  15,  1786. 

Congress  assembled.  Present :  New  Hampshire,  Massachusetts, 
Connecticut,  New  Jersey,  Pennsylvania,  Virginia,  Maryland,  and  South 
Carolina. 

The  committee,  consisting  of  Mr.  King,  Mr.  Pinckney,  Mr.  Kean, 
Mr.  Monroe,  and  Mr.  Pettit,  to  whom  were  referred  several  reports  and 
documents  concerning  the  system  of  general  revenue,  recommended  by 
Congress  on  the  18th  of  April,  1783,  report : 

"That,  in  pursuance  of  the  above  reference,  they  have  carefully  ex- 
amined the  acts  of  the  several  States,  relative  to  the  general  system  of 
revenue  recommended  by  Congress  on  the  18th  of  April,  1783,  and  find 
that  the  States  of  Delaware  and  North  Carolina  have  passed  acts  in  full 
conformity  with  the  several  parts  thereof;  the  former  of  which  States 
has  inserted  a  proviso  in  their  act,  restraining  the  operation  thereof  until 
each  of  the  other  States  shall  have  made  a  like  and  equally  extensive 
grant ;  that  the  States  of  New  Hampshire,  Massachusetts,  Connecticut, 
New  Jersey,  Virginia,  and  South  Carolina,  have  each  passed  acts  com- 
plying with  that  part  of  the  system  which  recommends  a  general  im- 
post, but  have  come  to  no  decision  on  the  other  part,  which  proposes  the 
establishment  of  funds,  supplementary  to  and  in  aid  of  the  general  im- 
post ;  that  the  State  of  Pennsylvania  has  passed  an  act  complying  with 
the  recommendation  of  the  general  impost,  and  in  the  same  act  has  de- 
clared that  their  proportion  or  quota  of  the  supplementary  funds  shall  be 
raised  and  levied  on  the  persons  and  estates  of  the  inhabitants  of  that 
State,  in  such  manner  as  the  legislature  thereof  shall  from  time  to  time 
direct ;  with  this  proviso,  that  if  any  of  the  annual  proportion  of  the 
supplementary  funds  shall  be  otherwise  raised  and  paid  to  the  United 
States,  then  such  annual  levy  or  tax  shall  be  discontinued.  The  com 
miltee  conceive  that  this  clause  is  rather  an  engagement  that  Pennsyl- 
vania will  provide  adequate  supplementary  funds,  than  an  actual  esta- 


blishment  thereof;  nevertheless,  the  act  contains  a  proviso  restraining 
its  operation  until  each  of  the  other  States  shall  have  passed  laws  in  full 
conformity  with  the  whole  of  the  revenue  system  aforesaid.  The  com- 
mittee further  find,  that  the  State  of  Rhode  Island  has  passed  an  act  on 
this  subject,  but  so  different  from  the  plan  recommended,  and  so  wholly 
insufficient,  that  it  cannot  be  considered  as  a  compliance  with  any  part 
of  the  system  submitted  for  their  adoption ;  that  the  State  of  Maryland 
passed  an  act  in  1782,  and  a  supplement  thereto  in  1784,  complying  with 
the  recommendation  of  Congress  of  the  3d  of  February,  1781,  which  re- 
commendation is  not  compatible  with,  and  was  relinquished  by,  the  re- 
solves of  Congress  of  the  18th  of  April,  1783 ;  but  that  neither  the 
State  of  Maryland,  New  York,  nor  Georgia,  has  passed  any  act  in  pur- 
suance of  the  system  of  the  18th  of  April,  1783. 

"From  this  statement  it  appears  that  seven  States — viz:  New  Hamp- 
shire, Massachusetts,  Connecticut,  New  Jersey,  Virginia,  North  Caro- 
lina, and  South  Carolina — have  granted  the  impost  in  such  manner  that, 
if  the  other  six  States  had  made  similar  grants,  the  plan  of  the  general 
impost  might  immediately  begin  to  operate ;  that  two  other  States — 
viz  :  Pennsylvania  and  Delaware — have  also  granted  the  impost,  but 
have  connected  their  grants  with  provisoes,  which  will  suspend  their  ope- 
ration until  all  the  other  States  shall  have  passed  laws  in  full  conformity 
with  the  whole  of  the  revenue  system  aforesaid  ;  that  two  only  of  these 
nine  States — viz  :  Delaware  and  North  Carolina — have  fully  acceded  to 
that  system  in  all  its  parts;  and  that  the  four  other  States — viz:  Rhode 
Island,  New  York,  Maryland,  and  Georgia — have  not  decided  in  favor 
of  any  part  of  the  system  of  revenue  aforesaid,  so  long  since  and  so  re- 
peatedly presented  by  Congress  for  their  adoption. 

"The  committee  have  thought  it  their  duty  candidly  to  examine  the 
principles  of  this  system,  and  to  discover,  if  possible,  the  reasons  which 
have  prevented  its  adoption.  They  cannot  learn  that  any  member  of  tho 
Confederacy  has  stated  or  brought  forward  any  objections  against  it ; 
and  the  result  of  their  impartial  inquiries  into  the  nature  and  operation 
of  the  plan,  has  been  a  clear  and  decided  opinion  that  the  system  itself 
is  more  free  from  well-founded  exceptions,  and  is  better  calculated  to 
receive  the  approbation  of  the  several  States,  than  any  other  that  the 
•wisdom  of  Congress  can  devise. 

"In  the  course  of  this  inquiry,  it  most  clearly  appeared  that  the  re- 
quisitions of  Congress,  for  eight  years  past,  have  been  so  irregular  in 
their  operation,  so  uncertain  in  their  collection,  and  so  evidently  unpro- 
ductive, that  a  reliance  on  them  in  future,  as  a  source  from  whence  moneys 


148 

arc  'o  be  drawn  to  discharge  the  engagements  of  the  Confederacy,  defi- 
nite as  they  are  in  time  and  amount,  would  be  not  less  dishonorable  to 
the  understandings  of  those  who  entertain  such  confidence,  than  it  would 
be  dangerous  to  the  welfare  and  peace  of  the  Union.  The  committee 
are  therefore  seriously  impressed  with  the  indispensable  obligation  that 
Congress  are  under  of  representing  to  the  immediate  and  impartial  con- 
sideration of  the  several  States  the  utter  impossibility  of  maintaining 
nnd  preserving  the  faith  of  the  Federal  Government  by  temporary  requi- 
sitions on  the  States,  and  the  consequent  necessity  of  an  early  and  com- 
plete accession  of  all  the  States  to  the  revenue  system  of  the  18th  of 
Aprfi,  1783. 

"Although,  in  a  business  of  this  magnitude  and  importance  to  the  re- 
Bpttti^e  States,  it  was  natural  to  expect  a  due  degree  of  caution,  and  a 
thorough  investigation  of  the  system  recommended,  yet  the  committee 
caniiot  forbear  to  remark  that  this  plan  has  been  under  reference  for 
neuly  three  years;  that,  during  that  period,  numerous  changes  have 
taken  place  in  the  delegations  of  every  State,  but  that  this  system  has 
received  the  repeated  approbation  of  each  successive  Congress,  and  that 
the  urgency  of  the  public  engagements  at  this  time  renders  it  the  un- 
qu«stionable  duty  of  the  several  States  to  adopt,  without  further  delay, 
those  measures  which  alone,  in  the  judgment  of  the  committee,  can  pre 
seive  the  sacred  faith  of  the  Confederacy." 

"  Thus  it  is  evident  that  the  sum  of  2,457,987  25-90ths  dollars  only 
was  received  in  the  space  of  more  than  four  years,  when  the  requisitions, 
in  the  most  forcible  manner,  pressed  on  the  States  the  payment  of  much 
larger  sums,  and  for  purposes  of  the  highest  national  importance.  It 
should  be  here  observed,  that  the  receipts  of  the  last  fourteen  months  of 
the  above  period  amount  only  to  432,897  81-90ths  dollars,  which  is  at 
the  rate  of  371,002  dollars  per  annum — a  sum  short  of  what  is  essentially 
necessary  for  the  bare  maintenance  of  the  Federal  Government  on  the 
most  economical  establishment,  and  in  time  of  profound  peace. 

"  The  committee  observe,  with  great  concern,  that  the  security  of  the 
navigation  and  commerce  of  the  citizens  of  these  States  from  the  Bar- 
bary  powers,  the  protection  of  the  frontier  inhabitants  from  the  savages, 
the  immediate  establishment  of  military  magazines  in  different  parts  of 
the  Union,  rendered  indispensable  by  the  principles  of  public  safety,  the 
maintenance  of  the  Federal  Government  at  home,  and  the  support  of  the 
public  servants  abroad,  each  and  all,  depend  upon  the  contributions  of 
the  States  under  the  annual  requisitions  of  Congress.  The  moneys 
essentially  necessary  for  these  important  objects  will  so  far  exceed  the 
sums  formerly  collected  from  the  States  by  taxes,  that  no  hope  can  bo 


149 

indulged  of  being  able,  from  that  source,  to  make  any  remittances  for 
the  discharge  of  foreign  engagements. 

"  Thus  circumstanced,  after  the  most  solemn  deliberation,  and  under 
the  fullest  conviction  that  the  public  embarrassments  are  such  as  above 
represented,  and  that  they  are  daily  increasing,  the  committee  are  of 
the  opinion  that  it  has  become  the  duty  of  Congress  to  declare,  most  ex- 
plicitly, that  the  crisis  has  arrived  when  the  people  ol  these  United  States, 
by  whose  will  and  for  whose  benefit  the  Federal  Government  was  insti- 
tuted, must  decide  whether  they  will  support  their  rank  as  a  nation,  by 
maintaining  the  public  faith  at  home  and  abroad,  or  whether,  for  want 
of  a  timely  exertion  in  establishing  a  general  revenue,  and  thereby  giv- 
ing strength  to  the  Confederacy,  they  will  haxard  not  only  the  existence 
of  the  Union,  but  of  .those  great  and  invaluable  privileges  for  which  they 
have  so  arduously  and  so  honorably  contended." 

Resolved,  That  Congress  agree  to  the  said  report. 

And,  to  the  end  that  Congress  may  remain  wholly  acquitted  from 
every  imputation  of  a  want  of  attention  to  the  interest  and  welfare  of 
those  whom  they  represent, 

Resolved,  That  the  requisitions  of  Congress  of  the  27th  of  April, 
1784,  and  the  27th  of  September,  1785,  cannot  be  considered  as  the  esta- 
blishment of  a  system  of  general  revenue,  in  opposition  to  that  recom- 
mended to  the  several  States  by  the  resolves  of  Congress  of  the  18th  of 
April,  1783. 

Resolved,  That  the  resolves  of  Congress  of  the  18th  of  April,  1783, 
recommending  a  system  of  general  revenue,  be  again  presented  to  the 
consideration  of  the  legislatures  of  the  several  States  which  have  not 
fully  complied  with  the  same.  That  it  be  earnestly  recommended  to 
the  Legislatures  of  New  Hampshire,  Massachusetts,  Connecticut,  New 
Jersey,  Pennsylvania,  Virginia,  and  South  Carolina,  which  have  com- 
plied only  in  part  with  the  said  system,  completely  to  adopt  the  same , 
and  to  the  Legislatures  of  the  States  of  Rhode  Island,  New  York,  Ma- 
ryland, and  Georgia,  which  have  not  adopted  the  said  system,  either  in 
whole  or  in  part,  to  pass  laws,  without  further  delay,  in  full  conformity 
with  the  same.  But,  as  it  is  highly  necessary  that  every  possible  aid 
should,  in  the  most  expeditious  manner,  be  obtained  to  the  revenue  ot 
the  United  States,  it  is  therefore  recommended  to  the  several  States, 
that,  in  adopting  the  said  system,  they  enable  the  United  States  in  Con- 
gress assembled,  to  carry  into  effect  that  part  which  relates  to  the  im- 
post, so  soon  as  it  shall  be  acceded  to. 

Resolved,  That,  whilst  Congress  are  denied  the  means  of  satisfying 
those  engagements  which  they  have  constitutionally  entered  into  for  tho 


150 

common  benefit  of  the  Union,  they  hold  it  the'.?  duty  to  warn  their  con- 
stituents that  the  most  fatal  evils  will  inevitably  flow  from  a  breach 
of  public  faith,  pledged  by  solemn  contract,  and  a  violation  of  those 
principles  of  justice  which  are  the  only  solid  basis  of  the  honor  and 
prosperity  of  nations. 

6.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 
FRIDAY,  MARCH  3,  1786. 

The  committee,  consisting  of  Mr.  Kean,  Mr.  Gorham,  Mr.  Pinckney, 
Mr.  Smith,  and  Mr.  Grayson,  to  whom  were  recommitted  sundry  papers 
and  documents  relative  to  commerce,  and  the  acts  passed  by  the  States 
in  consequence  of  the  recommendations  of  Congress  of  the  30th  April, 
1784,  report — 

That,  in  examining  the  laws  passed  by  the  States  in  consequence 
of  the  act  of  30th  April,  1784,  they  find  that  four  States — namely,  Mas- 
sachusetts, New  York,  New  Jersey,  and  Virginia — have  enacted  laws 
conformable  to  the  recommendations  contained  in  the  act,  but  have  re- 
strained their  operation  until  the  other  States  shall  have  substantially 
complied. 

That  three  States — namely,  Connecticut,  Pennsylvania,  and  Mary- 
land— have  passed  laws  conforming  to  the  same,  but  have  determined 
the  time  from  which  they  are  to  commence — the  first  from  the  time 
of  passing  their  act,  in  May,  1785 ;  and  the  two  latter  from  the  30ih 
April,  1784. 

That  New  Hampshire,  by  an  act  passed  the  23d  June,  1785,  has 
granted  full  powers  to  regulate  their*  trade,  by  restrictions  or  duties,  for 
fifteen  years,  with  a  proviso  that  the  law  shall  be  suspended  until  the 
other  States  have  substantially  done  the  same. 

That  Rhode  Island,  by  acts  passed  in  February  and  October,  1785, 
has  granted  power  for  the  term  of  twenty-five  years  to  regulate  trade 
between  the  respective  States,  and  of  prohibiting,  restraining,  or  regu- 
lating, the  importation  only  of  all  foreign  goods  in  any  ships  or  vessels 
other  than  those  owned  by  citizens  of  the  United  States,  and  navigated 
by  a  certain  proportion  of  citizens ;  and  also  with  a  proviso  restrictive 
of  its  operation  until  the  other  States  shall  have  substantially  complied. 

That  North  Carolina,  by  an  act  passed  the  2d  June,  1784,  has  granted 
powers  similar  to  those  granted  by  Rhode  Island,  relative  to  foreign 
commerce,  but  unrestrained  in  duration,  and  clogged  with  a  clause  that 
when  all  the  States  shall  have  substantially  complied  therewith,  it  shall 
become  an  article  of  confederation  and  perpetual  union. 


151 

That  they  cannot  find  that  the  three  other  States — namely,  Delaware, 
South  Carolina,  and  Georgia — have  passed  any  laws  in  consequence  of 
the  recommendations. 

The  result  is,  that  four  States  have  fully  complied ;  three  others  have 
also  complied,  but  have  determined  the  time  of  commencement,  so  that 
there  will  be  a  dissimilarity  in  the  duration  of  the  power  granted ;  that 
three  other  States  have  passed  laws  in  pursuance  of  the  recommenda- 
tions, but  so  inconsonant  to  them,  both  in  letter  and  spirit,  that  they 
cannot  be  deemed  compliances  ;  and  that  three  other  States  have  passed 
no  acts  whatever. 

That,  although  the  powers  to  be  vested  by  the  recommendations  do 
not  embrace  every  object  which  may  be  necessary  in  a  well-formed  sys- 
tem, yet,  as  many  beneficial  effects  may  be  expected  from  them,  the 
committee  think  it  the  duty  of  Congress  again  to  call  the  attention  of 
the  States  to  this  subject,  the  longer  delay  of  which  must  be  attended 
with  very  great  evils.  Whereupon, 

Resolved,  That  the  recommendations  of  the  30th  April,  1784,  be  again 
presented  to  the  view  of  the  States  of  Delaware,  South  Carolina,  and 
Georgia,  and  that  they  be  most  earnestly  called  upon  to  grant  powers 
conformable  thereto. 

Resolved,  That  the  States  of  New  Hampshire,  Rhode  Island,  and 
North  Carolina,  be  solicited  to  reconsider  their  acts,  and  to  make  them 
agreeable  to  the  recommendations  of  the  30th  April,  1784. 

Resolved,  That  the  time  for  which  the  power  under  the  recommenda- 
tions of  the  30th  April,  1784,  is  to  continue,  ought  to  commence  on  the 
day  that  Congress  shall  begin  to  exercise  it ;  and  that  it  be  recommended 
to  the  States  of  Pennsylvania.  Connecticut,  and  Maryland,  to  amend 
their  acts  accordingly. 

7.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 

MONDAY,  OCTOBER  23,  1786. 

The  committee,  consisting  of  Mr.  Pinckney,  Mr.  Smith,  and  Mr. 
Henry,  to  whom  was  referred  an  act  of  the  Legislature  of  the  State  of 
Georgia,  passed  in  consequence  of  the  resolutions  of  the  30th  April, 
1784,  respecting  commerce,  and  the  subject  of  the  said  recommendation, 
having  reported — 

"  That  it  appears,  by  the  said  resolutions,  the  United  Sta*es  in  Con- 
gress assembled  recommended  to  the  legislatures  of  the  several  States 
to  vest  them,  for  the  term  of  fifteen  years,  with  powers  to  prohibit  any 
goods,  wares,  or  merchandise,  from  being  imported  into,  or  exported 


152 

from,  any  of  the  States,  in  vessels  belonging  to,  or  navigated  by.  the 
subjects  of  any  power  with  whom  these  States  shall  not  have  formed 
treaties  of  commerce;  that  they  also  recommended  to  the  legislatures 
of  the  said  States  to  vest  the  United  States  in  Congress  assembled,  for 
the  term  of  fifteen  years,  with  the  power  of  prohibiting  the  subjects  of 
any  foreign  state,  kingdom,  or  empire,  unless  authorized  by  treaty,  from 
importing  into  the  United  States  any  goods,  wares,  or  merchandise, 
which  are  not  the  produce  or  manufacture  of  the  dominions  of  the  sove- 
reign whose  subjects  they  are :  provided,  that  to  all  acts  of  the  United 
States  in  Congress  assembled,  in  pursuance  of  the  above  powers,  the 
assent  of  nine  States  shall  be  necessary.  The  committee  have  carefully 
examined  the  acts  passed  by  the  several  States,  in  pursuance  of  the 
above  recommendation,  and  find  that  the  State  of  Delaware  has  passed 
an  act  in  full  compliance  with  the  same ;  that  the  acts  of  the  States  of 
Massachusetts,  Rhode  Island,  New  York,  New  Jersey,  Virginia,  and 
Georgia,  are  in  conformity  to  the  said  recommendation,  but  restrained 
in  their  operation  until  the  other  Stales  should  have  granted  powers 
equally  extensive ;  that  the  States  of  Connecticut,  Pennsylvania,  and 
Maryland,  have  passed  laws  agreeable  to  the  said  resolution,  but  have 
fixed  the  time  at  which  the  powers  thereby  invested  shall  begin  to  ope- 
rate, and  not  left  the  same  to  commence  at  the  time  at  which  Congress 
shall  begin  to  exercise  it,  which  your  committee  conceive  to  have  been 
the  intention  of  the  same;  that  South  Carolina,  by  an  act  passed  the 
lllh  March,  1786,  has  invested  the  United  States  in  Congress  assem- 
bled with  the  power  of  regulating  the  trade  of  the  United  States  with 
the  West  Indies,  and  all  other  external  or  foreign  trade  of  the  said 
States,  for  the  term  of  fifteen  years  from  the  passing  of  the  said  act; 
that  New  Hampshire,  by  their  act  of  the  23d  of  June,  1785,  invested 
the  United  States  in  Congress  assembled  with  the  full  power  of  regu- 
lating trade  for  fifteen  years,  by  restrictions  or  duties,  with  a  proviso 
suspending  its  operation  until  all  the  other  States  shall  have  done  the 
same;  that  North  Carolina,  by  their  act  of  the  2d  of  June,  1784,  has 
authorized  their  delegates  to  agree  to  and  ratify  an  article  or  articles  by 
which  Congress  shall  be  empowered  to  prohibit  the  importation  of  all 
foreign  goods,  in  any  other  than  vessels  owned  by  citizens  of  the  United 
States,  or  navigated  by  such  a  proportion  of  seamen,  citizens  of  the 
United  States,  as  may  be  agreed  to  by  Congress,  which,  when  agreed 
to  by  all  the  States,  shall  be  considered  as  a  part  of  the  Articles  of  Con- 
federation and  perpetual  Union.  From  the  above  review  of  the  acts 
passed  by  the  several  States  in  consequence  of  the  said  recommenda- 
tion, it  appears  that,  though,  in  order  to  make  the  duration  of  the 


153 

powers  equal,  it  will  be  necessary  for  the  States  of  Connecticut,  Penn- 
sylvania, Maryland,  and  South  Carolina,  so  far  to  amend  their  acts  as 
to  permit  the  authorities  therein  granted  to  commence  their  operation  at 
the  time  Congress  shall  begin  to  exercise  them ;  yet  still  the  powers 
granted  by  them  and  by  the  States  of  Massachusetts,  Rhode  Island, 
New  York,  New  Jersey,  Delaware,  Virginia,  and  Georgia,  are  other- 
wise in  such  compliance  with  the  recommendation,  that,  if  the  States 
of  New  Hampshire  and  North  Carolina  had  conformed  their  acts  to  the 
said  resolution,  agreeable  to  the  urgent  recommendation  of  Congress  of 
the  3d  of  March  last,  the  powers  therein  requested  might  immediately 
begin  to  operate.  The  committee,  however,  are  of  opinion  that  the  acta 
of  the  States  of  New  Hampshire  and  North  Carolina  manifest  so  liberal 
a  disposition  to  grant  the  necessary  powers  upon  this  subject,  that  their 
not  having  complied  with  the  recommendation  of  March  last  must  be  at- 
tributed to  other  reasons  than  a  disinclination  in  them  to  adopt  measures 
similar  to  those  of  their  sister  States.  The  committee,  therefore,  con- 
ceive it  unnecessary  to  detail  to  them  the  situation  of  our  commerce, 
languishing  under  the  most  ruinous  restrictions  in  foreign  ports,  or  the 
benefits  which  must  arise  from  the  due  and  equal  use  of  powers  compe- 
tent to  its  protection  and  support,  by  that  body  which  can  alone  bene- 
ficially, safely,  and  effectually  exercise  the  same."  Whereupon, 

Resolved,  That  it  be  again  earnestly  recommended  to  the  Legislatures 
of  the  States  of  New  Hampshire  and  North  Carolina,  at  their  next  ses- 
sion, to  reconsider  their  acts,  and  pass  them  in  such  conformity  with  the 
resolutions  of  the  30th  April,  1784,  as  to  enable,  on  their  part,  the 
United  States  in  Congress  assembled  to  exercise  the  powers  thereby 
invested,  as  soon  as  possible. 

Resolved,  That,  as  the  extent  and  duration  of  the  powers  to  be  exer- 
cised by  the  United  States  in  Congress  assembled,  under  the  recom- 
mendation above  mentioned,  ought  to  be  equal,  it  be  recommended  to 
the  Legislatures  of  Connecticut,  Pennsylvania,  Maryland,  and  South 
Carolina,  so  far  to  amend  their  acts  as  to  vest  the  powers  therein  con- 
tained for  the  term  of  fifteen  years  from  the  day  on  which  Congress  shall 
begin  to  exercise  the  same. 

8.  REMARKS  ON  PROCEEDINGS  WHICH  IMMEDIATELY 
LED  TO  THE  FORMATION  OF  THE  CONSTITUTION  OF 
THE  UNITED  STATES. 

These  extracts  show  the  final  efforts  made  by  the  Congress  of  the  Con 
federation  to  obtain  from  the  States  an  increase  of  power  for  the  purpose* 
N  17 


154 

apparent  in  these  proceedings.  These  exertions  of  the  friends  of  liberty 
and  the  Union  having  proved  unsuccessful,  and  having  completely  dis- 
closed the  incompetency  of  the  Confederation  to  provide  for  the  credit 
and  the  wants  of  the  country,  or  to  fulfil  the  duties  and  obligations  of  a 
general  government,  manifested  the  necessity  for  that  radical  change  in  the 
system,  under  whose  powerful  and  benign  influence  the  United  States  have 
arrived  at  their  present  condition  of  strength,  prosperity,  and  happiness. 

The  active  measures  which  immediately  led  to  the  accomplishment  of 
this  momentous  object,  appear  to  have  commenced  under  the  lead  of  the 
Commonwealth  of  Virginia,  and  through  the  patriotic  zeal  and  sagacity 
of  her  eminent  statesmen :  justice,  however,  to  the  great  State  of  New 
York,  and  to  the  distinguished  individuals  who,  at  that  day,  guided  her 
councils,  demands  the  insertion  of  the  proceedings,  which,  it  will  be  per- 
ceived, took  place  more  than  three  years  before  those  in  Virginia,  and 
point  more  clearly  and  directly  to  the  necessity  for  adopting  the  present 
form  of  government  than  the  resolutions  of  Virginia.  The  ostensible 
object  of  the  latter  appearing  to  have  been,  to  vest  the  Congress  of  the 
Confederation  with  the  power  of  regulating  the  general  trade  and  com- 
merce of  the  country.  The  act  of  Virginia,  however,  led  to  the  meeting 
of  the  commissioners  of  several  States  ak  Annapolis,  who,  being  thus  as- 
sembled, availed  themselves  of  the  idea  adopted  by  the  State  of  New  Jersey, 
and  incorporated  in  the  commissions  to  her  deputies  inserted  in  this  chap- 
ter, "  extending  the  powers  of  their  deputies  to  other  objects  than  those 
of  commerce,"  being  "  an  improvement  on  the  original  plan,  and  will 
deserve  to  be  incorporated  into  that  of  a  future  convention,"  &c. 

These  facts  prove,  that  the  credit  of  producing  the  vital  change  in  the 
government,  which  gave  being  to  our  glorious  Constitution,  does  not 
belong  to  any  particular  State  or  individual,  but  resulted  from  the  wide- 
spread conviction  of  the  wise  and  honest  men,  and  true  patriots  with 
whom  the  country  was  blessed  at  that  critical  and  eventful  period  in  its 
history,  which  will,  no  doubt,  become  more  apparent  on  the  completion 
of  the  fifth  and  sixth  series  of  Colonel  Force's  documentary  history  of  the 
Revolution. 

The  proceedings  in  New  York,  appearing  to  have  been  consequent 
upon  the  condition  of  affairs  as  indicated  in  a  previous  resolution  of  Con- 
gress, and  responsive  to  it,  the  insertion  of  that  resolution  previous  to 
those  proceedings,  appears  necessary  to  its  proper  understanding. 

9.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 

.    .  WEDNESDAY,  MAY  22,  1782. 

On  the  report  of  a  committee,  consisting  of  Mr.  Madison,  Mr.  Root, 
Mr.  Lowell,  Mr.  Rutledge,  and  Mr.  Clymer,  to  whom  was  referred  a 
letter  of  the  17th,  from  the  superintendent  of  finance,  and  who  were  in- 
structed to  confer  with  the  said  superintendent : 


155 

Resolved,  That  Mr.  Rutledge  and  Mr.  Clymerbe  appointed  to  repair 
forthwith  to  the  several  States  southward  of  this,  and  Mr.  Montgomery 
and  Mr.  Root  to  the  States  eastward ;  and  that  they  be,  and  hereby  are 
instructed  to  make  such  representations  to  the  several  States,  as  are  best 
adapted  to  their  respective  circumstances  and  the  present  situation  of 
public  affairs,  and  as  may  induce  them  to  carry  the  requisitions  of  Con- 
gress into  effect  with  the  greatest  despatch :  that  they  make  the  like 
representations  to  the  State  of  Pennsylvania,  before  they  leave  this  city, 
(Philadelphia:)  that  previous  to  their  departure,  they  confer  with  the 
superintendent  of  finance,  the  secretary  of  war,  and  the  secretary  for 
foreign  affairs,  who  are  hereby  directed  to  communicate  to  them  such 
information  from  their  respective  departments  as  may  be  most  conducive 
to  the  end  proposed. 

10.  IN   THE  HOUSE   OF   ASSEMBLY   OF  THE   STATE   OF 
NEW  YORK. 

SUNDAY,  JULY  21,  1782. 
George  Clinton,  esq.,  Governor. 

A  copy  of  certain  resolutions  of  the  honorable  the  Senate,  delivered 
by  Mr.  Paine,  were  read,  and  committed  to  a  committee  of  the  whole 
house,  to  be  taken  into  consideration  with  the  message  of  the  honorable 
the  Senate,  of  the  19th  inst.,  on  the  state  of  the  nation. 

The  house  then  resolved  itself  into  a  committee  of  the  whole  House, 
on  the  said  resolutions,  and  the  subject  of  the  said  message ;  and  after 
some  time  spent  thereon,  Mr.  Speaker  resumed  the  chair,  and  Mr.  Clark, 
from  the  said  committee,  reported,  that  the  committee  had  gone  through 
the  said  resolutions  without  amendment,  which  he  was  directed  to  report 
to  the  House  ;  and  he  delivered  the  said  resolutions  in  at  the  table,  where 
the  same  were  again  read,  and  in  the  words  following,  to  wit,  viz : 

Resolved,  That  it  appears  to  this  Legislature,  after  full  and  solemn 
consideration  of  the  several  matters  communicated  by  the  hon.  the  com- 
mittee of  Congress,  relating  to  the  present  posture  of  our  affairs,  foreign 
and  domestic,  and  contained  in  a  letter  from  the  secretary  for  foreign 
affairs  respecting  the  former,  as  well  as  of  the  representations  from  time 
to  time  made  by  the  superintendent  of  the  finances  of  the  United  States, 
relative  to  his  particular  department — that  the  situation  of  these  States 
is  in  a  peculiar  manner  critical,  and  affords  the  strongest  reason  to  appre- 
hend, from  a  continuance  of  the  present  Constitution  of  the  Continental 
Government,  a  subversion  of  public  credit,  and  consequences  highly 
dangerous  to  the  safety  and  independence  of  these  States. 


156 

Resolved,  That  while  this  Legislature  are  convinced  by  the  before-men- 
tioned communications,  that  notwithstanding  the  generous  intentions  of 
an  ally  from  whom  we  have  experienced,  and  doubtless  shall  still  ex- 
perience, all  possible  support,  exigencies  may  arise  to  prevent  our  receiv- 
ing pecuniary  succours  hereafter,  in  any  degree  proportioned  to  our 
necessities.  They  are  also  convinced,  from  facts  within  their  own  know- 
ledge, that  the  provisions  made  by  the  respective  States  for  carrying  on 
the  war,  are  not  only  inadequate  to  the  end,  but  must  continue  to  be  so, 
while  there  is  an  adherence  to  the  principles  which  now  direct  the  opera- 
tion of  public  measures. 

Resolved,  That  it  is  also  the  opinion  of  this  Legislature,  that  the  present 
plan  instituted  by  Congress  for  the  administration  of  their  finances,  is 
founded  in  wisdom  and  sound  policy.  That  the  salutary  effects  of  it 
have  already  been  felt  in  an  extensive  degree ;  and  that  after  so  many 
violent  shocks  sustained  by  the  public  credit,  a  failure  in  this  system,  for 
want  of  the  support  which  the  States  are  able  to  give,  would  be  produc- 
tive of  evils  too  pernicious  to  be  hazarded. 

Resolved,  That  it  appears  to  this  Legislature,  that  the  present  British 
ministry,  with  a  disposition  not  less  hostile  than  that  of  their  predeces- 
sors, taught  by  experience  to  avoid  their  errors,  and  assuming  the  appear- 
ance of  moderation,  are  pursuing  a  scheme  calculated  to  conciliate  in 
Europe,  and  seduce  in  America.  That  the  economical  arrangements 
they  appear  to  be  adopting,  are  adopted  to  enlarging  the  credit  of  their 
government,  and  multiplying  its  resources,  at  the  same  time  that  they 
serve  to  confirm  the  prepossessions  and  confidence  of  the  people ;  and 
that  the  plan  of  a  defensive  war  on  this  continent,  while  they  direct  all 
their  attention  and  resources  to  the  augmentation  of  their  navy,  is  that 
which  may  be  productive  of  consequences  ultimately  dangerous  to  the 
United  States. 

Resolved,  That  it  is  the  opinion  of  this  Legislature,  that  the  present 
system  of  these  States  exposes  the  common  cause  to  a  precarious  issue  ; 
and  leaves  us  at  the  mercy  of  events  over  which  we  have  no  influence : 
a  conduct  extremely  unwise  in  any  nation,  and  at  all  times,  and  to  a 
change  of  which  we  are  impelled  at  this  juncture,  by  reasons  of  peculiar 
and  irresistible  weight ;  and  that  it  is  the  natural  tendency  of  the  weak- 
ness and  disorders  in  our  national  measures,  to  spread  diffidence  and 
.tfistrusi  among  ihe  people,  and  prepare  their  minds  to  receive  the  im- 
pressions the  enemy  wish  to  make. 

Ktsoluf-.d,  That  the  general  state  of  European  affairs,  as  far  as  they 
have  come  to  the  knowledge  of  this  Legislature,  affords,  in  their  opinion, 
teasonable  ground  of  confidence,  and  assures  us,  that  with  judicious  and 


157 

vigorous  exertion  on  our  part,  we  may  rely  on  the  final  attainment  of  our 
object ;  but,  far  from  justifying  indifference  and  security,  calls  upon  us  by 
every  motive  of  honor,  good  faith,  and  patriotism,  without  delay,  to  unite 
in  some  system  more  effectual,  for  producing  energy,  harmony,  and  con- 
sistency of  measures,  than  that  which  now  exists,  and  more  capable  of 
putting  the  common  cause  out  of  the  reach  of  contingencies. 

Resolved,  That  in  the  opinion  of  this  Legislature,  the  radical  source  of 
most  of  our  embarrassments,  is  the  want  of  sufficient  power  in  Congress, 
to  effectuate  that  ready  and  perfect  co-operation  of  the  different  States,  on 
which  their  immediate  safety  and  future  happiness  depend.  That  ex- 
perience has  demonstrated  the  Confederation  to  be  defective  in  several 
essential  points,  particularly  in  not  vesting  the  Federal  Government  either 
with  a  power  of  providing  revenue  for  itself,  or  with  ascertained  and  pro- 
ductive funds,  secured  by  a  sanction  so  solemn  and  general,  as  would 
inspire  the  -fullest  confidence  in  them,  and  make  them  a  substantial  basis 
of  credit.  That  these  defects  ought  to  be  without  loss  of  time  repaired ; 
the  powers  of  Congress  extended,  a  solid  security  established  for  the 
payment  of  debts  already  incurred,  and  competent  means  provided  for 
future  credit,  and  for  supplying  the  future  demands  of  the  war. 

Resolved,  That  it  appears  evidently  to  this  Legislature,  that  the  annual 
income  of  these  States,  admitting  the  best  means  were  adopted  for  draw- 
ing out  their  resources,  would  fall  far  short  of  the  annual  expenditure  ; 
and  that  there  would  be  a  large  deficiency  to  be  supplied  on  the  credit 
of  these  States,  which,  if  it  should  be  inconvenient  for  those  powers  to 
afford,  on  whose  friendship  we  justly  rely,  must  be  sought  for  from  indi- 
viduals, to  engage  whom  to  lend,  satisfactory  securities  must  be  pledged 
for  the  punctual  payment  of  interest,  and  the  final  redemption  of  the 
principal. 

Resolved,  That  it  appears  to  this  Legislature,  that  the  aforegoing  im- 
portant ends  can  never  be  attained  by  partial  deliberations  of  the  States 
separately ;  but  that  it  is  essential  to  the  common  welfare,  that  there 
should  be,  as  soon  as  possible,  a  conference  of  the  whole  on  the  subject; 
and  that  it  would  be  advisable  for  this  purpose,  to  propose  to  Congress 
to  recommend,  and  to  each  State  to  adopt  the  measure  of  assembling  a 
general  convention  of  the  States,  specially  authorized  to  revise  and  amend 
the  Confederation,  reserving  a  right  to  the  respective  legislatures  to  ratify 
their  determinations. 

Resolved  unanimously,  That  this  House  do  concur  with  the  honorable 
the  Senate,  in  the  said  resolutions. 

[Introduced  and  passed  in  Senate,  on  Saturday  morning,  July  20, 
1782J 

17* 


158 


STATE  OF  NEW  YORK,  ) 
Secretary's  Office.        J 


I  certify  the  preceding  to  be  true  copies  of  certain  concurrent  resolu- 
tions of  the  Senate  and  Assembly  of  this  State,  copied  from  the  printed 
journal  of  the  assembly  in  this  office. 

ARCH'D.  CAMPBELL,  Dep.  Sec.  of  State. 

Albany,  July  30,  1847. 

11.  IN  THE  HOUSE  OF  DELEGATES  OF  THE  STATE  OF 
VIRGINIA. 

WEDNESDAY,  SOTH  NOVEMBER,  1785. 

Mr.  Alexander  White  reported,  according  to  order,  a  resolution  agreed 
to  by  the  committee  of  the  whole  house  on  Monday  last,  respecting  com- 
merce ;  and  he  read  the  same  in  his  place,  and  afterwards  delivered  it  in 
at  the  clerk's  table,  where  the  same  was  again  read,  and  is  as  fol- 
loweth : 

Whereas  the  relative  situation  of  the  United  States  has  been  found  on 
trial  to  require  uniformity  in  their  commercial  regulations,  as  the  only 
effectual  policy  for  obtaining  in  the  ports  of  foreign  nations  a  stipulation 
of  privileges  reciprocal  to  those  enjoyed  by  the  subjects  of  such  nations 
in  the  ports  of  the  United  States,  for  preventing  animosities  which  can- 
not fail  to  arise  among  the  several  States  from  the  interference  of  pnrtial 
and  separate  regulations ;  and  whereas  such  uniformity  can  be  best  con- 
certed and  carried  into  effect  by  the  federal  councils,  which,  having  been 
instituted  for  the  purpose  of  managing  die  interests  of  the  States  in 
cases  which  cannot  so  well  be  provided  for  by  measures  individually 
pursued,  ought  to  be  invested  with  authority  in  this  case,  as  being  within 
the  reason  and  policy  of  their  institution: 

Resolved,  That  it  is  the  opinion  of  this  committee,  that  the  delegates 
representing  this  Commonwealth  in  Congress  be  instructed  to  propose 
in  Congress  a  recommendation  to  the  States  in  union  to  authorize  that 
assembly  to  regulate  their  trade,  on  the  following  principles,  and  unde; 
the  following  qualifications : 

1ft.  That  the  United  States  in  Congress  assembled  be  authorized  to 
prohibit  vessels  belonging  to  any  foreign  nation  from  entering  any  of  the 
ports  thereof,  or  to  impose  any  duties  on  such  vessels  and  their  cargoes 
which  may  be  judged  necessary ;  all  such  prohibitions  and  duties  to  be 
uniform  throughout  the  United  States,  and  the  proceeds  of  the  latter  to 
ne  carried  into  the  treasury  of  the  State  within  which  they  shall  accrue. 

2d.  That  no  State  be  at  liberty  to  impose  dutien  on  any  goods,  wares, 


159 

or  merchandise,  imported  by  land  or  by  water  from  any  other  State,  but 
may  altogether  prohibit  the  importation  from  any  State  of  any  particular 
species  or  description  of  goods,  wares,  or  merchandise,  of  which  the 
importation  is  at  the  same  time  prohibited  from  all  other  places  whatso- 
ever. 

3d.  That  no  act  of  Congress  that  may  be  authorized,  as  hereby  pro- 
posed, shall  be  entered  into  by  less  than  two-thirds  of  the  confederated 
States,  nor  be  in  force  longer  than  thirteen  years. 

A  motion  was  made,  and,  the  question  being  put  to  amend  the  reso- 
lution, by  adding  to  the  end  thereof  the  following  words,  to  wit :  "  un- 
less continued  by  a  like  proportion  of  votes  within  one  year  immediately 
preceding  the  expiration  of  the  said  period,  or  be  revived  in  like  manner 
after  the  expiration  thereof,"  it  passed  in  the  negative:  ayes,  28; 
noes,  79. 

On  a  motion  made  by  Mr.  Turberville,  and  seconded  by  Mr.  Wat- 
kins, 

Ordered,  That  the  names  of  the  ayes  and  noes,  on  the  question  to 
agree  to  the  said  amendment,  be  inserted  in  the  journal. 

And  then  the  said  resolution,  being  again  read,  was,  on  the  question 
put  thereupon,  agreed  to  by  the  House. 

Ordered,  That  Mr.  Alexander  White  do  carry  the  resolution  to  the 
Senate,  and  desire  their  concurrence. 

THURSDAY,  IST  DECEMBER,  1785. 

On  a  motion  made  to  the  following  effect :  that  the  resolutions  reported 
from  a  committee  of  the  whole  house,  and  agreed  to  by  the  House  on 
yesterday,  containing  instructions  to  the  delegates  of  this  Common- 
wealth in  Congress,  respecting  commerce,  does  not,  from  a  mistake, 
contain  the  sense  of  the  majority  of  this  House  that  voted  for  the  said 
resolutions ; 

Ordered,  therefore,  That  the  direction  to  send  the  said  resolution  to 
the  Senate  for  their  concurrence  be  rescinded,  and  that  this  House  do 
immediately  resolve  itself  into  a  committee  of  the  whole  house,  to  re- 
consider the  said  resolution. 

It  was  resolved  in  the  affirmative :  ayes,  60 ;  noes,  33. 

The  House  then  accordingly  resolved  itself  into  a  committee  of  the 
whole  house  on  the  said  resolution;  and,  after  some  time  spent  therein, 
Mr.  Speaker  resumed  the  chair,  and  Mr.  Matthews  reported  that  the  said 
committee  had,  according  to  order,  had  the  said  resolution  under  their 
consideration,  and  had  made  several  amendments  thereto,  which  they 


160 

kad  directed  him  to  report  when  the  House  should  think  proper  to  re- 
ceive the  same. 

Ordered,  That  the  said  report  do  lie  on  the  table. 

[With  the  same  object  in  view,  the  General  Assembly  of  Virginia  eventually 
fursued  a  different  course  to  attain  it,  as  will  be  seen  by  the  subjoined  resolution.] 

>2.  IN  THE  HOUSE  OF  DELEGATES  OF  THE  STATE  OF 

VIRGINIA. 

% 

21sT  JANUARY,  1786. 

Resolved,  That  Edmund  Randolph,  James  Madison,  junior,  Walter 
Jones,  Saint  George  Tucker,  Meriwether  Smith,  David  Ross,  William 
Ronald,  and  George  Mason,  esquires,  be  appointed  commissioners, who, 
or  any  five  of  whom,  shall  meet  such  commissioners  as  may  be  appointed 
oy  the  other  States  in  the  Union,  at  a  time  and  place  to  be  agreed  on,  to 
take  into  consideration  the  trade  of  the  United  States ;  to  examine  the 
relative  situations  and  trade  of  the  said  States ;  to  consider  how  far  an 
uniform  system  in  their  commercial  regulations  may  be  necessary  to 
their  common  interest  and  their  permanent  harmony ;  and  to  report  to 
the  several  States  such  an  act  relative  to  this  great  object,  as,  when 
unanimously  ratified  by  them,  will  enable  the  United  States  in  Congress 
assembled  effectually  to  provide  for  the  same :  that  the  said  commis- 
sioners shall  immediately  transmit  to  the  several  States  copies  of  the 
preceding  resolution,  with  a  circular  letter  requesting  their  concurrence 
therein,  and  proposing  a  time  and  place  for  the  meeting  aforesaid. 
,  Test:  JOHN  BECKLEY,  C.  H.  D. 

1786,  January  21st. 

Agreed  to  by  the  Senate. 

H.  BROOKE,  C.  5. 

By  his  excellency,  Patrick  Henry,  esquire,  Governor  of  the  Common- 
wealth  of  Virginia,  it  is  hereby  certified  that  John  Beckley,  the 
person  subscribing  the  above  resolve,  is  clerk  of  the  House  of 
'r..  s.]  Delegates,  and  that  due  faith  and  credit  is,  and  ought  to  be, 
paid  to  all  things  done  by  him  by  virtue  of  his  office.  Given 
under  my  hand  as  Governor,  and  under  the  seal  of  the  Com- 
monwealth, at  Richmond,  the  6th  day  of  July,  1786. 

P.  HENRY. 

[Certain  other  of  the  States  came  readily  into  the  measure  proposed,  and  a 
meeting  of  commissioners  took  place  at  Annapolis,  whose  proceedings  are  stated 
in  the  following  report.] 


161 
13.  ANNAPOLIS,  IN  THE  STATE  OF  MARYLAND. 

SEPTEMBER  11,  1786. 

At  a  meeting  of  commissioners  from  the  States  of  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  and  Virginia: 

PRESENT  : 

NEW  YORK.  DELAWARE. 

Alexander  Hamilton,  George  Read, 

Egbert  Benson.  John  Dickinson, 

NEW  JERSEY.  Richard  Bassett. 

Abraham  Clarke,  VIRGINIA. 

William  C.  Houston,  Edmund  Randolph, 

James  Schureman.  James  Madison,  jun., 

PENNSYLVANIA.  St.  George  Tucker. 

Tench  Coxe. 

Mr.  Dickinson  was  unanimously  elected  chairman. 
The  commissioners  produced  their  credentials  from  their  respective 
States,  which  were  read. 

After  a  full  communication  of  sentiments,  and  deliberate  consideration 
of  what  would  be  proper  to  be  done  by  the  commissioners  now  assem- 
bled, it  was  unanimously  agreed  that  a  committee  be  appointed  to  pre- 
pare a  draught  of  a  report  to  be  made  to  the  States  having  commission- 
ers attending  at  this  meeting. 
Adjourned  till  Wednesday  morning. 

WEDNESDAY,  SEPTEMBER  13,  1786. 
Met  agreeable  to  adjournment. 

The  committee  appointed  for  that  purpose  reported  the  draught  of  the 
report ;  which  being  read,  the  meeting  proceeded  to  the  consideration 
thereof,  and,  after  some  time  spent  therein,  adjourned  till  to-morrow 
morning. 

THURSDAY,  SEPTEMBER  14,  1786. 
Met  agreeable  to  adjournment. 

The  meeting  resumed  the  consideration  of  the  draught  of  the  report, 
and,  after  some  time  spent  therein,  and  amendments  made,  the  same 
was  unanimously  agreed  to,  and  is  as  follows,  to  wit : 

To  the  honorable  the  Legislatures  of  Virginia,  Delaware,  Pennsylvania, 
New  Jersey,  and  New  York,  the  commissioners  from  the  said  States, 
respectively,  assembled  at  Annapolis,  humbly  beg  leave  to  report : 
That,  pursuant  to  their  several  appointments,  they  met  at  Annapolis, 

in  the  State  of  Maryland,  on  the  llth  day  of  September  instant,  and 


162 

having  proceeded  to  a  communication  of  their  powers,  they  found  that 
the  States  of  New  York,  Pennsylvania,  and  Virginia,  had,  in  substance, 
and  nearly  in  the  same  terms,  authorized  their  respective  commissioners 
"to  meet  such  commissioners  as  were  or  might  be  appointed  by  the 
other  States  in  the  Union,  at  such  time  and  place  as  should  be  agreed 
upon  by  the  said  commissioners,  to  take  into  consideration  the  trade  and 
commerce  of  the  United  States,  to  consider  how  far  an  uniform  system 
in  their  commercial  intercourse  and  regulations  might  be  necessary  to 
their  common  interest  and  permanent  harmony,  and  to  report  to  the 
several  States  such  an  act  relative  to  this  great  object,  as,  when  unani- 
mously ratified  by  them,  would  enable  the  United  States  in  Congress 
assembled  effectually  to  provide  for  the  same." 

That  the  State  of  Delaware  had  given  similar  powers  to  their  com- 
missioners, with  this  difference  only,  that  the  act  to  be  framed  in  virtue 
of  these  powers  is  required  to  be  reported  "to  the  United  States  in  Con- 
gress assembled,  to  be  agreed  to  by  them,  and  confirmed  by  the  legisla- 
tures of  every  State." 

That  the  State  of  New  Jersey  had  enlarged  the  object  of  their  ap- 
pointment, empowering  their  commissioners  "to  consider  how  far  an 
uniform  system  in  their  commercial  regulations  and  other  important  mat- 
ters might  be  necessary  to  the  common  interest  and  permanent  harmony 
of  the  several  States;"  and  to  report  such  an  act  on  the  subject  as, 
when  ratified  by  them,  "would  enable  the  United  States  in  Congress 
assembled  effectually  to  provide  for  the  exigencies  of  the  Union." 

That  appointments  of  commissioners  have  also  beeft  made  by  the 
States  of  New  Hampshire,  Massachusetts,  Rhode  Island,  and  North 
Carolina,  none  of  whom,  however,  have  attended;  but  that  no  informa- 
tion has  been  received  by  your  commissioners  of  any  appointment  having 
been  made  by  the  States  of  Connecticut,  Maryland,  South  Carolina,  or 
Georgia. 

That,  the  express  terms  of  the  powers  to  your  commissioners  sup- 
posing a  deputation  from  all  the  States,  and  having  for  object  the  trade 
and  commerce  of  the  United  States,  your  commissioners  did  not  con- 
ceive it  advisable  to  proceed  on  the  business  of  their  mission  under  the 
circumstance  of  so  partial  and  defective  a  representation. 

Deeply  impressed,  however,  with  the  magnitude  and  importance  of  the 
object  confided  to  them  on  this  occasion,  your  commissioners  cannot  for- 
oear  to  indulge  an  expression  of  their  earnest  and  unanimous  wish  that 
ppeedy  measures  may  be  taken  to  effect  a  general  meeting  of  the  States, 
in  a  future  convention  for  the  same  and  such  other  purposes  as  the  situa- 
tion of  public  affairs  may  be  found  to  require. 


163 

If,  in  expressing  this  wish,  or  in  intimating  any  otner  sentiment,  your 
commissioners  should  seem  to  exceed  the  strict  bounds  of  their  appoint- 
ment, they  entertain  a  full  confidence  that  a  conduct  dictated  by  an  anx- 
iety for  the  welfare  of  the  United  States  will  not  fail  to  receive  an  in- 
dulgent construction. 

In  this  persuasion,  your  commissioners  submit  an  opinion,  that  the 
idea  of  extending  the  powers  of  their  deputies  to  other  objects  than 

ose  of  commerce,  which  has  been  adopted  by  the  State  of  New  Jersey, 
was  an  improvement  on  the  original  plan,  and  will  deserve  to  be  incor- 
porated into  that  of  a  future  convention.  They  are  the  more  naturally 
led  to  this  conclusion,  as,  in  the  course  of  their  reflections  on  the  sub- 
ject, they  have  been  induced  to  think  that  the  power  of  regulating  trade 
is  of  such  comprehensive  extent,  and  will  enter  so  far  into  the  general 
system  of  the  Federal  Government,  that  to  give  it  efficacy,  and  to  ob- 
viate questions  and  doubts  concerning  its  precise  nature  and  limits,  may 
require  a  correspondent  adjustment  of  other  parts  of  the  federal  system. 

That  there  are  important  defects  in  the  system  of  the  Federal  Govern- 
ment, is  acknowledged  by  the  acts  of  all  those  States  which  have  con- 
curred in  the  present  meeting;  that  the  defects,  upon  a  closer  examina- 
tion, may  be  found  greater  and  more  numerous  than  even  these  acts  im- 
ply, is  at  least  so  far  probable,  from  the  embarrassments  which  charac- 
*erize  the  present  state  of  our  national  affairs,  foreign  and  domestic,  aa 
may  reasonably  be  supposed  to  merit  a  deliberate  and  candid  discussion, 
in  some  mode  which  will  unite  the  sentiments  and  councils  of  all  the 
States.  In  the  choice  of  the  mode,  your  commissioners  are  of  opinion 
that  a  convention  of  deputies  from  the  different  States,  for  the  special 
and  sole  purpose  of  entering  into  this  investigation,  and  digesting  a  plan 
for  supplying  such  defects  as  may  be  discovered  to  exist,  will  be  entitled 
to  a  preference,  from  considerations  which  will  occur  without  being  par- 
ticularized. 

Your  commissioners  decline  an  enumeration  of  those  national  circum- 
stances on  which  their  opinion  respecting  the  propriety  of  a  future  con- 
vention, with  more  enlarged  powers,  is  founded,  as  it  would  be  an  use- 
less intrusion  of  facts  and  observations,  most  of  which  have  been  fre- 
quently the  subject  of  public  discussion,  and  none  of  which  can  have 
escaped  the  penetration  of  those  to  whom  they  would  in  this  instance  be 
addressed.  They  are,  however,  of  a  nature  so  serious,  as,  in  the  view 
of  your  commissioners,  to  render  the  situation  of  the  United  States  deli- 
cate and  critical,  calling  for  an  exertion  of  the  united  virtue  and  wisdom 
of  all  the  meYnbers  of  the  Confederacy. 

Under  this  impression,  your  commissioners,  with  the  most  respectful 


164 

deference,  beg  leave  to  suggest  their  unanimous  conviction,  that  it  may 
essentially  tend  to  advance  the  interests  of  the  Union,  if  the  States,  by 
whom  they  have  been  respectively  delegated,  would  themselves  concur, 
and  use  their  endeavors  to  procure  the  concurrence  of  the  other  States  in 
the  appointment  of  commissioners,  to  meet  at  Philadelphia  on  the  second 
Monday  in  May  next,  to  take  into  consideration  the  situation  of  the 
United  States,  to  devise  such  further  provisions  as  shall  appear  to  them 
necessary  to  render  the  Constitution  of  the  Federal  Government  adequate 
to  the  exigencies  of  the  Union ;  and  to  report  such  an  act  for  that  purpose 
to  the  United  States  in  Congress  assembled,  as,  when  agreed  to  by  them, 
and  afterwards  confirmed  by  the  legislatures  of  every  State,  will  effectu- 
ally provide  for  the  same. 

Though  your  commissioners  could  not  with  propriety  address  these 
observations  and  sentiments  to  any  but  the  States  they  have  the  honor 
to  represent,  they  have  nevertheless  concluded,  from  motives  of  respect,  to 
transmit  copies  of  this  report  to  the  United  States  in  Congress  assembled, 
and  to  the  executives  of  the  other  States. 
By  order  of  the  commissioners. 

Dated  at  Annapolis,  September  14,  1786. 

Resolved,  That  the  chairman  sign  the  aforegoing  report  in  behalf  of 
the  commissioners. 

Then  adjourned  without  day. 

NEW  YORK.  DELAWARE. 

Egbert  Benson,  George  Read, 

Alexander  Hamilton.  John  Dickinson, 

NEW  JERSEY.  Richard  Bassett. 
Abra.  Clark,  VIRGINIA. 

Wm.  Ch.  Houston,  Edmund  Randolph, 

James  Schureman.  James  Madison,  jun. 

PENNSYLVANIA.  St.  George  Tucker. 
Tench  Coxe. 

14.  IN  THE  CONGRESS  OF  THE  CONFEDERATION. 

WEDNESDAY,  FEBRUARY  21,  1787. 

Congress  assembled:  Present,  Massachusetts,  Rhode  Island,  Con- 
necticut,  New  York,  New  Jersey,  Pennsylvania,  Delaware,  Virginia, 
Maryland,  North  Carolina,  South  Carolina,  and  Georgia. 

The  report  of  a  Grand  Committee,  consisting  of  Mr.  Dane,  Mr.  Var. 
num.  Mr.  S.  M.  Mitchell,  Mr.  Smith,  Mr.  Cadwallader,  Mr.  Irvine, 
Mr.  N.  Mitchell.  Mr.  Forrest,  Mr.  Grayson,  Mr.  Blount.  Mr.  Bull,  and 


165 

Mr.  Few,  to  whom  was  referred  a  letter  of  14th  September,  1786,  from 
J.  Dickinson,  written  at  the  request  of  commissioners  from  the  States  of 
Virginia,  Delaware,  Pennsylvania,  New  Jersey,  and  New  York,  as- 
sembled at  the  city  of  Annapolis,  together  with  a  copy  of  the  report  of 
the  said  commissioners  to  the  legislatures  of  the  States  by  whom  they 
were  appointed,  being  an  order  of  the  day,  was  called  up,  and  which  is 
contained  in  the  following  resolution,  viz  : 

"  Congress  having  had  under  consideration  the  letter  of  John  Dickin- 
son, esq.,  chairman  of  the  commissioners  who  assembled  at  Annapolis 
during  the  last  year ;  also  the  proceedings  of  the  said  commissioners ; 
and  entirely  coinciding  with  them,  as  to  the  inefficiency  of  the  Federal 
Government,  and  the  necessity  of  devising  such  farther  provisions  as 
shall  render  the  same  adequate  to  the  exigencies  of  the  Union,  do  strongly 
recommend  to  the  different  legislatures  to  send  forward  delegates,  to  meet 
the  proposed  convention,  on  the  second  Monday  in  May  next,  at  the  city 
of  Philadelphia." 

The  delegates  for  the  State  of  New  York  thereupon  laid  before  Con- 
gress instructions  which  they  had  received  from  their  constituents,  and, 
in  pursuance  of  the  said  instructions,  moved  to  postpone  the  further  con- 
sideration of  the  report,  in  order  to  take  up  the  following  propositions,  viz  : 
"  That  it  be  recommended  to  the  States  composing  the  Union  that  a 
convention  of  representatives  from  the  said  States  respectively,  be  held 
at  ,  on  ,  for  the  purpose  of  revising  the  Articles  of  Con- 

federation and  perpetual  union  between  the  United  States  of  America, 
and  reporting  to  the  United  States  in  Congress  assembled,  and  to  the 
States  respectively,  such  alterations  and  amendments  of  the  said  Articles 
of  Confederation,  as  the  representatives  met  in  such  convention  shall 
judge  proper  and  necessary  to  render  them  adequate  to  the  preservation 
and  support  of  the  Union." 

On  the  question  to  postpone,  for  the  purpose  above  mentioned,  the  yeas 
and  nays  being  required  by  the  delegates  for  New  York, 

Massachusetts Mr.  King, 

Dane, 

Connecticut Mr.  Johnson, 

S.  Mitchell, 

NewYork Mr.  Smith, 

Benson, 

New  Jersey Mr.  Cadwalladeri 

Clarke, 
Schureman, 

Pennsylvania Mr.  Irvine, 

Meredith, 
Bingham, 
18 


166 

Delaware Mr.  N.  Mitchell, 

Maryland Mr.  Forrest, 

Virginia Mr.  Grayson, 

Madison, 

IV.  Carolina Mr.  Blount, 

Hawkins, 

S.  Carolina Mr.  Bull, 

Kcan, 

Huger, 

Parker, 

Georgia Mr.  Few, 

Pierce, 

So  the  question  was  lost. 

A  motion  was  then  made  by  the  delegates  for  Massachusetts,  to  post- 
pone the  further  consideration  of  the  report,  in  order  to  take  into  con- 
sideration a  motion  which  they  read  in  their  place  ;  this  being  agreed  to, 
the  motion  of  the  delegates  for  Massachusetts  was  taken  up,  and,  being 
amended,  was  agreed  to,  as  follows : 

Whereas  there  is  provision  in  the  Articles  of  Confederation  and  per- 
petual Union,  for  making  alterations  therein,  by  the  assent  of  a  Congress 
of  the  United  States,  and  of  the  legislatures  of  the  several  States ;  and 
whereas  experience  hath  evinced  that  there  are  defects  in  the  present 
Confederation,  as  a  mean  to  remedy  which  several  of  the  States,  and  par- 
ticularly the  State  of  New  York,  by  express  instructions  to  their  delegates 
in  Congress,  have  suggested  a  convention  for  the  purposes  expressed  in 
the  following  resolution  ;  and  such  convention  appearing  to  be  the  most 
probable  mean  of  establishing  in  these  States  a  firm  National  Govern- 
ment : 

Resolved,  That,  in  the  opinion  of  Congress,  it  is  expedient,  that,  on 
the  second  Monday  in  May  next,  a  convention  of  delegates,  who  shall 
have  been  appointed  by  the  several  States,  be  held  at  Philadelphia,  for 
the  sole  and  express  purpose  of  revising  the  Articles  of  Confederation, 
and  reporting  to  Congress,  and  the  several  legislatures,  such  alterations 
and  provisions  therein  as  shall,  when  agreed  to  in  Congress,  and  con- 
firmed by  the  States,  render  the  Federal  Constitution  adequate  to  the 
exigencies  of  Government,  and  the  preservation  of  the  Union. 


167 

15.  Acts  of  the  several  States  for  the  appointment  of  Deputies  to  meet 
in  Convention,  for  the  purpose  of  forming  a  Constitution  of  Govern' 
ment,  viz  t 

COMMONWEALTH  OF  VIRGINIA. 

General  Assembly,  begun  and  field  at  the  public  buildings  in  the  city  of 
Richmond,  on  Monday,  the  16th  day  of  October,  in  the  year  of  our 
Lord  1786. 

AN  ACT  for  appointing  Deputies  from  this  Commonwealth  to  a  Conven- 
tion proposed  to  be  held  in  the  city  of  Philadelphia,  in  May  next,  for 
the  purpose  of  revising  the  Federal  Constitution. 
Whereas  the  commissioners  who  assembled  at  Annapolis,  on  the  14th 
day  of  September  last,  for  the  purpose  of  devising  and  reporting  the 
means  of  enabling  Congress  to  provide  effectually  for  the  commercial 
interests  of  the  United  States,  have  represented  the  necessity  of  extending 
the  revision  of  the  Federal  system  to  all  its  defects,  and  have  recom- 
mended that  deputies  for  that  purpose  be  appointed  by  the  several  legis- 
latures, to  meet  in  convention,  in  the  city  of  Philadelphia,  on  the  second 
day  of  May  next,  a  provision  which  was  preferable  to  a  discussion  of  the 
subject  in  Congress,  where  it  might  be  too  much  interrupted  by  the  ordi- 
nary business  before  them,  and  where  it  would,  besides,  be  deprived  of 
the  valuable  counsels  of  sundry  individuals  who  are  disqualified  by  the 
Constitution,  or  laws  of  particular  States,  or  restrained  by  peculiar  cir- 
cumstances, from  a  seat  in  that  assembly :  And  whereas  the  General 
Assembly  of  this  Commonwealth,  taking  into  view  the  actual  situation 
of  the  Confederacy,  as  well  as  reflecting  on  the  alarming  representations 
made,  from  time  to  time,  by  the  United  States  in  Congress,  particularly 
in  their  act  of  the  15th  day  of  February  last,  can  no  longer  doubt  that  the 
crisis  is  arrived  at  which  the  good  people  of  America  are  to  decide  the 
solemn  question,  whether  they  will,  by  wise  and  magnanimous  efforts, 
reap  the  just  fruits  of  that  independence  which  they  have  so  gloriously 
acquired,  and  of  that  Union  which  they  have  cemented  with  so  much  of 
their  common  blood,  or  whether,  by  giving  way  to  unmanly  jealousies 
and  prejudices,  or  to  partial  and  transitory  interests,  they  Vill  renounce 
the  auspicious  blessings  prepared  for  them  by  the  Revolution,  and  furnish 
to  its  enemies  an  eventual  triumph  overthose  by  whose  virtue  and  valor 
it  has  been  accomplished :  And  whereas  the  same  noble  and  extended 
policy,  mid  the  same  fraternal  and  affectionate  sentiments  which  origin- 
ally determined  the  citizens  of  this  Commonwealth  to  unite  with  their 
brethren  of  the  other  States  in  establishing  a  Federal  Government,  can- 
not but  be  felt  with  equal  force  now  as  motives  to  lay  aside  every  inferior 


168 

consideration,  and  to  concur  in  such  farther  concessions  and  provisions 
as  may  be  necessary  to  secure  the  great  objects  for  which  that  Govern- 
ment was  instituted,  and  to  render  the  United  States  as  happy  in  peace 
as  they  have  been  glorious  in  war : 

Be  it  therefore  enacted  by  the  General  Assembly  of  the  Commonwealth 
of  Virginia,  That  seven  commissioners  be  appointed  by  joint  ballot  of 
both  Houses  of  Assembly,  who,  or  any  three  of  them,  are  hereby  au- 
thorized, as  deputies  from  this  Commonwealth,  to  meet  such  deputies 
as  may  be  appointed  and  authorized  by  other  States,  to  assemble  in  con- 
vention at  Philadelphia,  as  above  recommended,  and  to  join  with  them 
in  devising  and  discussing  all  such  alterations  and  farther  provisions  as 
may  be  necessary  to  render  the  Federal  Constitution  adequate  to  the  exi- 
gencies of  the  Union,  and,  in  reporting  such  an  act  for  that  purpose  to 
the  United  States  in  Congress,  as,  when  agreed  to  by  them,  and  duly  con- 
firmed by  the  several  States,  will  effectually  provide  for  the  same. 

And  be  it  further  enacted,  That,  in  case  of  the  death  of  any  of  the 
said  deputies,  or  of  their  declining  their  appointments,  the  executive  are 
hereby  authorized  to  supply  such  vacancies ;  and  the  Governor  is  re- 
quested to  transmit  forthwith  a  copy  of  this  act  to  the  United  States  in 
Congress,  and  to  the  executives  of  each  of  the  States  in  the  Union. 
(Signed)  JOHN  JONES, 

Speaker  of  the  Senate. 
JOSEPH  PRENTISS, 
Speaker  of  the  House  of  Delegates. 

A  true  copy  from  the  enrollment.  • 

JOHN  BECKLEY,  Clerk  II.  D. 

IN  THE  HOUSE  OF  DELEGATES. 

MONDAY,  THE  4xn  OF  DECEMBER,  1786. 

The  House,  according  to  the  order  of  the  day,  proceeded,  by  joint 
ballot  with  the  Senate,  to  the  appointment  of  seven  deputies  from  this 
Commonwealth  to  a  convention  proposed  to  be  held  in  the  city  of  Phila- 
delphia in  May  next,  for  the  purpose  of  revising  the  Federal  Constitu- 
tion ;  and,  the  members  having  prepared  tickets  with  the  names  of  the 
persons  to  be  appointed,  and  deposited  the  same  in  the  ballot-boxes,  Mr. 
Corbin,  Mr.  Matthews,  Mr.  David  Stewart,  Mr.  George  Nicholas,  Mr. 
Richard  Lee,  Mr.  Wills,  Mr.  Thomas  Smith,  Mr.  Goodall,  and  Mr. 
Turberville,  were  nominated  a  committee  to  meet  a  committee  from  the 
Senate,  hi  the  conference  chamber,  and  jointly  with  them  to  examine 
tne  ballot-boxes  and  report  to  the  House  on  whom  the  majority  of  the 


169 

votes  should  fall.  The  committee  then  withdrew,  and  after  some  time 
returned  into  the  House,  and  reported  that  the  committee  had,  according 
to  order,  met  a  committee  from  the  Senate  in  the  conference  chamber, 
and  jointly  with  them  examined  the  ballot-boxes,  and  found  a  majority 
of  votes  in  favor  of  George  Washington,  Patrick  Henry,  Edmund  Ran. 
dolph,  John  Blair,  James  Madison,  George  Mason,  and  George  Wythe, 
esqrs.  Extract  from  the  journal. 

JOHN  BECKLEY, 

Clerk  House  Delegates, 
Attest:  JOHN  BECKLEY,  Clerk  II.  D. 

IN   THE  HOUSE   OF  SENATORS. 

MONDAY,  THE  4iH  OF  DECEMBER,  1786. 

The  Senate,  according  to  the  order  of  the  day,  proceeded,  by  joint 
ballot  with  the  House  of  Delegates,  to  the  appointment  of  seven  depu- 
ties from  this  Commonwealth  to  a  convention  proposed  to  be  held  in  the 
city  of  Philadelphia  in  May  next,  for  the  purpose  of  revising  the  Federal 
Constitution  ;  and,  the  members  having  prepared  tickets  with  the  names 
of  the  persons  to  be  appointed,  and  deposited  the  same  in  the  ballot- 
boxes,  Mr.  Anderson,  Mr.  Nelson,  and  Mr.  Lee,  were  nominated  a 
committee  to  meet  a  committee  from  the  House  of  Delegates,  in  the 
conference  chamber,  and  jointly  with  them  to  examine  the  ballot-boxes, 
and  report  to  the  House  on  whom  the  majority  of  votes  should  fall.  The 
committee  then  withdrew,  and  after  some  time  returned  into  the  House, 
and  reported  that  the  committee  had,  according  to  order,  met  a  commit- 
tee from  the  House  of  Delegates,  in  the  conference  chamber,  and  jointly 
with  them  examined  the  ballot-boxes,  and  found  a  majority  of  votes  in 
favor  of  George  Washington,  Patrick  Henry,  Edmund  Randolph,  John 
Blair,  James  Madison,  George  Mason,  and  George  Wythe,  esqrs.  Ex- 
tract from  the  journal. 

JOHN  BECKLEY,  Clerk  H.  D. 

Attest :  H.  BROOK,  Clerk. 

[L.  s.]  VIRGINIA,  to  wit: 

I  do  hereoy  certify  and  make  known,  to  all  whom  it  may  concern, 
that  John  Beckley,  esq.,  is  clerk  of  the  House  of  Delegates  for  this 
Commonwealth,  and  the  proper  officer  for  attesting  the  proceedings  of 
the  General  Assembly  of  the  said  Commonwealth,  and  that  full  faith 
and  credit  ought  to  be  given  to  all  things  attested  by  the  said  John 
Beckley.  esq.,  by  virtue  of  his  office  aforesaid. 
O  IS* 


170 

Given  under  my  hand,  as  Governor  of  the  Commonwealth  of  Virginia, 
and  under  the  seal  thereof,  at  Richmond,  this  fourth  day  of  May,  1787. 

EDM.  RANDOLPH. 

It.  s.]  VIRGINIA,  to  wit: 

I  do  hereby  certify,  that  Patrick  Henry,  esq.,  one  of  the  seven  com- 
missioners appointed  by  joint  ballot  of  both  Houses  of  Assembly  of  the 
Commonwealth  of  Virginia,  authorized  as  a  deputy  therefrom,  to  meet 
such  deputies  as  might  be  appointed  and  authorized  by  other  States,  to 
assemble  in  Philadelphia,  and  to  join  with  them  in  devising  and  discuss- 
ing all  such  alterations  and  further  provisions  as  might  be  necessary  to 
render  the  Federal  Constitution  adequate  to  the  exigencies  of  the  Union, 
and  in  reporting  such  an  act  for  that  purpose  to  the  United  States  in  Con- 
gress, as,  when  agreed  to  by  them,  and  duly  confirmed  by  the  several 
States,  might  effectually  provide  for  the  same,  did  decline  his  appoint- 
ment aforesaid ;  and  thereupon,  in  pursuance  of  an  act  of  the  General 
Assembly  of  the  said  Commonwealth,  entitled  "An  act  for  appointing 
deputies  from  this  Commonwealth  to  a  convention  proposed  to  be  held 
in  the  city  of  Philadelphia  in  May  next,  for  the  purpose  of  revising  the 
Federal  Constitution,"  I  do  hereby,  with  the  advice  of  the  Council  of 
State,  supply  the  said  vacancy  by  nominating  James  McClurg,  esq.,  a 
deputy  for  the  purposes  aforesaid. 

Given  under  my  hand,  as  Governor  of  the  said  Commonwealth,  and 
under  the  seal  thereof,  this  second  day  of  May,  in  the  year  of  OUT 
Lord  1787. 

EDM.  RANDOLPH. 

THE  STATE  OF  NEW  JERSEY. 

To  the  honorable  David  Brearley,  William  Churchill  Houston,  William 
Paterson,  and  John  Neilson,  esqrs.,  greeting: 

The  Council  and  Assembly,  reposing  especial  trust  and  confidence  in 
your  integrity,  prudence,  and  ability,  have,  at  a  joint  meeting,  appointed 
you,  the  said  David  Brearley,  William  Churchill  Houston,  William  Pater- 
son,  and  John  Neilson,  esqrs.,  or  any  three  of  you,  commissioners,  to 
meet  such  commissioners  as  have  been  or  may  be  appointed  by  the  other 
States  of  the  Union,  at  the  city  of  Philadelphia,  in  the  Commonwealth 
of  Pennsylvania,  on  the  second  Monday  in  May  next,  for  the  purpose 
of  taking  into  consideration  the  state  of  the  Union,  as  to  trade  and  other 
important  objects,  and  of  devising  such  other  provisions  as  shall  appear 
to  be  necessary  to  render  the  Constitution  of  the  Federal  Government 
adequate  to  the  exigencies  thereof. 


m 

In  testimony  whereof,  the  great  seal  of  the  State  is  hereunto  affixed. 
Witness  William  Livingston,  esq.,  Governor,  captain  general  and 
commander-in-chief  in  and  over  the  State  of  New  Jersey,  and  terri- 
tories thereunto  belonging,  chancellor  and  ordinary  in  the  same,  at 
Trenton,  the  23d  day  of  November,  in  the  year  of  our  Lord  1786, 
and  of  our  sovereignty  and  independence  the  eleventh. 

WILLIAM  LIVINGSTON. 
By  his  excellency's  command. 

BOWES  REED,  Secretary. 

THE  STATE  OF  NEW  JERSEY. 

To  his  excellency  William  Livingston,  and  the  honorable  Abraham 
[L.  s.]  Clark,  esqrs.,  greeting: 

The  Council  and  Assembly,  reposing  especial  trust  and  confidence  in 
your  integrity,  prudence,  and  ability,  have,  at  a  joint  meeting,  appointed 
you,  the  said  William  Livingston  and  Abraham  Clark,  esqrs.,  in  con- 
junction with  the  honorable  David  Brearley,  William  Churchill  Houston, 
and  William  Paterson,  esqrs.,  or  any  three  of  you,  commissioners,  to  meet 
such  commissioners  as  have  been  appointed  by  the  other  States  in  the 
Union,  at  the  city  of  Philadelphia,  in  the  Commonwealth  of  Pennsyl- 
vania, on  the  second  Monday  of  this  present  month,  for  the  purpose  of 
taking  into  consideration  the  state  of  the  Union,  as  to  trade  and  other 
important  objects,  and  of  devising  such  other  provisions  as  shall  appear 
to  be  necessary,  to  render  the  Constitution  of  the  Federal  Government 
adequate  to  the  exigencies  thereof. 

In  testimony  whereof,  the  great  seal  of  the  State  is  hereunto  affixed. 
Witness  William  Livingston,  esq.,  Governor,  captain  general  and 
commander-in-chief  in  and  over  the  State  of  New  Jersey,  and  terri- 
tories thereunto  belonging,  chancellor  and  ordinary  in  the  same,  at 
Burlington,  the  8th  day  of  May,  in  the  year  of  our  Lord  1787,  and  of 
our  sovereignty  and  independence  the  eleventh. 

WILLIAM  LIVINGSTON. 
By  his  excellency's  command. 

BOWES  REED,  Secretary. 

STATE  OF  NEW  JERSEY. 
To  the  honorable  Jonathan  Dayton,  esq. 

The  Council  and  Assembly,  reposing  especial  trust  and  confidence  in 
your  integrity,  prudence,  and  ability,  have,  at  a  joint  meeting,  appointed 
you,  the  said  Jonathan  Dayton,  esq.,  in  conjunction  with  his  excellency 


172 

William  Livingston,  the  honorable  David  Brearley,  William  Churchill 
Houston,  William  Paterson,  and  Abraham  Clark,  esqrs.,  or  any  three  of 
you,  commissioners,  to  meet  euch  commissioners  as  have  been  appointed 
by  the  other  States  in  the  Union,  at  the  city  of  Philadelphia,  in  the  Com- 
monwealth of  Pennsylvania,  for  the  purpose  of  taking  into  consideration 
the  state  of  the  Union,  as  to  trade  and  other  important  objects,  and  of 
devising  such  other  provision  as  shall  appear  to  be  necessary  to  render 
the  Constitution  of  the  Federal  Government  adequate  to  the  exigencies 
thereof. 

In  testimony  whereof,  the  great  seal  of  the  State  rs  hereunto  affixed. 
Witness  Robert  Lettice  Hooper,  esq.,  vice  president,  captain  gene- 
ral and  commander-in-chief  in  and  over  the  State  of  New  Jersey, 
and  territories  thereunto  belonging,  chancellor  and  ordinary  in  the 
same,  at  Burlington,  the  fifth  day  of  June,  in  the  year  of  our  Lord 
1787,  and  of  our  sovereignty  and  independence  the  eleventh. 

ROBERT  L.  HOOPER. 
By  his  honor's  command. 

BOWES  REED,  Secretar.. 

COMMONWEALTH  OF  PENNSYLVANIA. 

AN  ACT  appointing  Deputies  to  the  Convention  intended  to  be  held  in 
the  city  of  Philadelphia,  for  the  purpose  of  revising  the  Federal  Con- 
stitution. 

SECTION  1.  Whereas  the  General  Assembly  of  this  Commonwealth, 
taking  into  their  serious  consideration  the  representations  heretofore 
made  to  the  legislatures  of  the  several  States  in  the  Union,  by  the  United 
States  in  Congress  assembled,  and  also  weighing  the  difficulties  under 
which  the  confederated  States  now  labor,  are  fully  convinced  of  the  ne- 
cessity of  revising  the  Federal  Constitution,  for  the  purpose  of  making 
such  alterations  and  amendments  as  the  exigencies  of  our  public  affairs 
require.  And  whereas  the  Legislature  of  the  State  of  Virginia  have  al- 
ready passed  an  act  of  that  Commonwealth,  empowering  certain  com- 
missioners to  meet  at  the  city  of  Philadelphia,  in  May  next,  a  convention 
of  commissioners  or  deputies  from  the  different  States ;  and  the  Legisla- 
ture of  this  State  are  fully  sensible  of  the  important  advantages  which 
may  be  derived  to  the  United  States,  and  every  of  them,  from  co-operat- 
ing with  the  Commonwealth  of  Virginia,  and  the  other  States  of  the 
Confederation,  in  the  said  design. 

SEC.  2.  Be  it  enacted,  and  it  if  hereby  enacted  b~y  the  representatives 
of  the  freemen  of  the  Commonwealth  of  Pennsylvania,  in  General  As- 


173 

sembly  met,  and  by  the  authority  of  the  same,  that  Thomas  Mifflin, 
llobert  Morris,  George  Clymer,  Jared  Ingersoll,  Thomas  Fitzsimons, 
James  Wilson,  and  Gouverneur  Morris,  esqrs.,  are  hereby  appointed 
deputies  from  this  State,  to  meet  in  the  convention  of  the  deputies  of  the 
respective  States  of  North  America,  to  be  held  at  the  city  of  Philadel- 
phia on  the  second  day  of  the  month  of  May  next ;  and  the  said  Thomaa 
Mifflin,  Robert  Morris,  George  Clymer,  Jared  Ingersoll,  Thomas  Fitz- 
simons, James  Wilson,  and  Gouverneur  Morris,  esqrs.,  or  any  four  of 
them,  are  hereby  constituted  and  appointed  deputies  from  this  State,  with 
powers  to  meet  such  deputies  as  may  be  appointed  and  authorized  by  the 
other  States,  to  assemble  in  the  said  convention,  at  the  city  aforesaid,  and 
to  join  with  them  in  devising,  deliberating  on,  and  discussing  all  such 
alterations,  and  further  provisions,  aa  may  be  necessary  to  render  the 
Federal  Constitution  fully  adequate  to  the  exigencies  of  the  Union,  and 
in  reporting  such  act  or  acts,  for  that  purpose,  to  the  United  States  in 
Congress  assembled,  as,  when  agreed  to  by  them,  and  duly  confirmed  by 
the  several  States,  will  effectually  provide  for  the  same. 

SEC.  3.  And  be  it  further  enacted  by  tJie  authority  aforesaid,  That  in 
case  any  of  the  said  deputies  hereby  nominated  shall  happen  to  die,  or 
to  resign  his  or  their  said  appointment  or  appointments,  the  supreme  ex- 
ecutive council  shall  be,  and  hereby  are,  empowered  and  required  to 
nominate  and  appoint  other  person  or  persons  in  lieu  of  him  or  them  so 
deceased,  or  who  has  or  have  so  resigned,  which  person  or  persons,  from 
and  after  such  nomination  and  appointment,  shall  be,  and  hereby  are  de- 
clared to  be,  vested  with  the  same  powers  respectively,  as  any  of  the 
deputies  nominated  and  appointed  by  this  act  is  vested  with  by  the  same  : 
Provided  always,  That  the  council  are  not  hereby  authorized,  nor  shall 
they  make  any  such  nomination  or  appointment,  except  in  vacawon,  and 
during  the  recess  of  the  General  Assembly  of  this  State. 
[L.  s.]  Signed  by  order  of  the  House. 

THOMAS  MIFFLIN,  Speaker. 

Enacted  into  a  law  at  Philadelphia,  on  Saturday,  December  the  30th 
in  the  year  of  our  Lord  1786.  PETER  ZACHARY  LLOYD, 

Clerk  of  the  General  Assembly. 

I,  Mathew  Irwine,  esq.,  master  of  the  rolls  for  the  State  of  Pennsyl- 
vania, do  certify  the  preceding  writing  to  be  a  true  copy  (or  exemplifica 
tion)  of  a  certain  act  of  Assembly  lodged  in  my  office. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  of  office,  the 
[i,.  s.]  15th  May,  A.  D.  1787. 

MATHEW  IRWINE  M.  R 


174 

A  supplement  to  the  act  entitled  "  An  act  appointing  deputies  to  the  con- 
vention intended  to  be  held  in  the  city  of  Philadelphia,  for  the  pur- 
pose of  revising  the  Federal  Constitution." 

SEC.  1st.  Whereas  by  the  act  to  which  this  act  is  a  supplement,  cer- 
tain persons  were  appointed  as  deputies  from  this  State  to  sit  in  the  said 
convention :  And  whereas  it  is  the  desire  of  the  General  Assembly,  that 
his  excellency  Benjamin  Franklin,  esq.,  president  of  this  State,  should 
also  sit  in  the  said  convention  as  a  deputy  from  this  state :  Therefore, 

SEC.  2d.  Be  it  enacted,  and  it  is  hereby  enacted  by  the  representatives 
of  the  freemen  of  the  Commonwealth  of  Pennsylvania,  in  General  As- 
sembly met,  and  by  the  authority  of  the  same,  that  his  excellency  Ben- 
jamin Franklin,  esq.,  be,  and  he  is  hereby  appointed  and  authorized  to 
sit  in  the  said  convention  as  a  deputy  from  this  State,  in  addition  to  the 
persons  heretofore  appointed  ;  and  that  he  be,  and  he  hereby  is  invested 
with  like  powers  and  authorities  as  are  invested  in  the  said  deputies  or 
any  of  them. 

Signed  by  order  of  the  House. 

THOMAS  MIFFLIN,  Speaker. 

Enacted  into  a  law  at  Philadelphia,  on  Wednesday,  the  28th  day  ot 
March,  in  the  year  of  our  Lord  1787. 

PETER  ZACHARY  LLOYD, 

Clerk  of  the  General  Assembly. 

I,  Mathew  Irwine,  esq.,  master  of  the  rolls  for  the  State  of  Pennsyl- 
vania, do  certify  the  above  to  be  a  true  copy  (or  exemplification)  of  a 
supplement  to  a  certain  act  of  Assembly,  which  supplement  is  lodged  in 
my  office. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  of  office, 
[L.  s.]  the  15th  May,  A.  D.  1787. 

MATHEW  IRWINE,  M.  R. 

THE  STATE  OF  NORTH  CAROLINA. 

To  the  honorable  Alexander  Martin,  esq.,  greeting: 

Whereas  our  General  Assembly,  in  their  late  session,  holden  at  Fay- 

etteville,  by  adjournment,  in  the  month  of  January  last,  did,  by  joint 

ballot  of  the  Senate  and  House  of  Commons,  elect  Richard  Caswell, 

Alexander  Martin,  William  Richardson  Davie,  Richard  Dobbs  Spaight, 

and  Willie  Jones,  esqrs.,  deputies  to  attend  a  convention  of  delegates 

from  the  several  United  States  of  America,  proposed  to  be  held  at  the 

city  of  Philadelphia  in  May  next,  for  the  purpose  of  revising  the  Federal 

Constitution, 


175 

We  do,  therefore,  by  these  presents,  nominate,  commissionate,  and 
appoint  you,  the  said  Alexander  Martin,  one  of  the  deputies  for  and  in 
our  behalf,  to  meet  with  our  other  deputies  at  Philadelphia,  on  the  first 
day  of  May  next,  and  with  them,  or  any  two  of  them,  to  confer  with 
such  deputies  as  may  have  been,  or  shall  be  appointed  by  the  other 
States,  for  the  purposes  aforesaid:  To  hold,  exercise,  and  enjoy  the  ap- 
pointment aforesaid,  with  all  powers,  authorities,  and  emoluments  to  the 
same  belonging,  or  in  any  wise  appertaining,  you  conforming,  in  every 
instance,  to  the  act  of  our  said  Assembly,  under  which  you  are  ap- 
pointed. 

Witness  Richard  Caswell,  esq.,  our  Governor,  captain  general  and 
commander-in-chief,  under  his  hand  and  our  great  seal,  at  Kingston, 
the  24th  day  of  February,  in  the  eleventh  year  of  our  independence, 
A.  D.  1787. 
[L.  s.]  RICH.  CASWELL. 

By  his  excellency's  command. 

WINSTON  CASWELL,  P.  Secretary. 

A  commission,  precisely  similar  to  the  above,  was  given  "  to  the 
honorable  William  Richardson  Davie,  esq.,"  on  the  24th  February, 
1787. 

And  also  another,  "  to  the  honorable  Richard  Dobbs  Spaight, 
esq.,  on  the  14th  of  April,  1787. 

STATE  OF  NORTH  CAROLINA. 

His  excellency  Richard  Caswell,  esq.,  Governor,  captain  general  and 
commander-in-chief,  in  and  over  the  State  aforesaid. 
To  all  to  whom  these  presents  shall  come,  greeting: 
Whereas,  by  an  act  of  the  General  Assembly  of  the  said  State,  passed 
the  sixth  day  of  January  last,  entitled  "An  act  for  appointing  deputies 
from  this  State  to  a  convention  proposed  to  be  held  in  the  city  of  Phila- 
delphia, in  May  next,  for  the  purpose  of  revising  the  Federal  Constitu- 
tion," among  other  things  it  is  enacted,  "That  five  commissioners  be 
appointed  by  joint  ballot  of  both  Houses  of  Assembly,  who,  or  any  three 
of  them,  are  hereby  authorized  as  deputies  from  this  State,  to  meet  at 
Philadelphia,  on  the  first  day  of  May  next,  then  and  there  to  meet  and 
confer  with  such  deputies  as  may  be  appointed  by  the  other  States  for 
similar  purposes,  and  with  them  to  discuss  and  decide  upon  the  most 
effectual  means  to  remove  the  defects  of  our  Federal  Union,  and  to  pro- 
cure the  enlarged  purposes  which  it  was  intended  to  effect ;  and  that 


176 

they  report  such  an  act  to  the  General  Assembly  of  this  State,  as,  when 
agreed  to  by  them,  will  effectually  provide  for  the  same."  And  it  is  by 
the  said  act  further  enacted,  "  That  in  case  of  the  death  or  resignation 
oi  any  of  the  deputies,  or  of  their  declining  their  appointments,  his  ex- 
cellency the  Governor,  for  the  time  being,  is  hereby  authorized  to  supply 
such  vacancies."  And  whereas,  in  consequence  of  the  said  act,  Richard 
Caswell,  Alexander  Martin,  William  Richardson  Davie,  Richard  Dobbs 
Spaight,  and  Willie  Jones,  esqrs.,  were,  by  joint  ballot  of  the  two 
Houses  of  Assembly,  elected  deputies  for  the  purposes  aforesaid:  And 
whereas  the  said  Richard  Caswell  has  resigned  his  said  appoictment  as 
one  of  the  deputies  aforesaid : 

Now,  know  ye,  that  I  have  appointed,  and  by  these  presents  do  appoint, 
the  honorable  William  Blount,  esq.,  one  of  the  deputies  to  represent  this 
State  in  the  convention  aforesaid,  in  the  room  and  stead  of  the  aforesaid 
Richard  Caswell,  hereby  giving  and  granting  to  the  said  William  Blount, 
the  same  powers,  privileges,  and  emoluments,  which  the  said  Richard 
Caswell. would  have  been  vested  with,  or  entitled  to,  had  he  continued 
in  the  appointment  aforesaid. 

Given  under  my  hand,  and  the  great  seal  of  the  State,  at  Kingston, 
the  23d  day  of  April,  A.  D.  1787,  and  in  the  eleventh  year  of 
[L.  s.]     American  independence. 

RICH.  CASWELL. 

By  his  excellency's  command. 

WINSTON  CASWELL,  P.  Secretary. 

STATE  OF  NORTH  CAROLINA. 

His  excellency,  Richard  Caswell,  esq.,  Governor,  captain-general,  and 
commander-in-chief,  in  and  over  the  State  aforesaid. 
To  all  to  whom  these  presents  shall  come,  greeting: 
Whereas,  by  an  act  of  the  General  Assembly  of  the  said  State,  passed 
the  sixth  day  of  January  last, 'entitled  "An  act  for  appointing  deputies 
from  this  State  to  a  convention  proposed  to  be  held  in  the  city  of  Phila- 
delphia, in  May  next,  for  the  purpose  of  revising  the  Federal  Constitu- 
tion," among  other  things  it  is  enacted,  "  That  five  commissioners  be 
appointed  by  joint  ballot  of  both  Houses  of  Assembly,  who,  or  any  three 
of  them,  are  hereby  authorized,  as  deputies  from  this  State,  to  meet  at 
Philadelphia  on  the  first  day  of  May  next,  then  and  there  to  meet  and 
confer  with  such  deputies  as  may  be  appointed  by  the  other  States  for 
similar  purposes,  and  with  them  to  discuss  and  decide  upon  the  most 
effectual  means  to  remove  the  defects  of  our  Federal  Union,  and  to  pro- 
cure the  enlarged  purposes  which  it  was  intended  to  effect,  and  that  they 


177 

report  such  an  act  to  the  General  Assembly  of  this  State,  as,  when 
ogreed  to  by  them,  will  effectually  provide  for  the  same."  And  it  is  by 
the  said  act  further  enacted,  "  That  in  case  of  the  death  or  resignation 
af  any  of  the  deputies,  or  their  declining  their  appointments,  his  excel- 
lency the  Governor,  for  the  time  being,  is  hereby  authorized  to  supply 
such  vacancies."  And  whereas,  m  consequence  of  the  said  act,  Richard 
Caswell,  Alexander  Martin,  William  Richardson  Davie,  Richard  Dobbs 
Spaight,  and  Willie  Jones,  esqrs.,  were,  by  joint  ballot  of  the  two  Houses 
of  Assembly,  elected  deputies  for  the  purposes  aforesaid.  And  whereas 
the  said  Willie  Jones  hath  declined  his  appointment  as  one  of  the  depu- 
ties aforesaid : 

Now,  know  ye,  that  I  have  appointed,  and  by  these  presents  do  appoint, 
the  honorable  Hugh  Williamson,  esq.,  one  of  the  deputies  to  represent 
this  State  in  the  convention  aforesaid,  in  the  room  and  stead  of  the  afore- 
said Willie  Jones,  hereby  giving  and  granting  to  the  said  Hugh  Wil- 
liamson the  same  powers,  privileges,  and  emoluments,  which  the  said 
Willie  Jones  would  have  been  vested  with,  and  entitled  to,  had  he  acted 
under  the  appointment  aforesaid. 

Given  under  my  hand,  and  the  great  seal  of  the  State,  at  Kingston,  the 
third  day  of  April,  A.  D.  1787,  and  in  the  eleventh  year  of 
[L.  s.]     American  Independence. 

RICH.  CASWELL. 

By  his  excellency's  command. 

DALLAM  CASWELL,  Fro  Secretary. 

DELAWARE. 

His  excellency  Thomas  Collins,  esq.,  President,  captain-general  and 
commander-in-chief  of  the  Delaware  State,  to  all  to  whom 
these  presents  shall  come,  greeting:  Know  ye,  that  among  the 

[L.  s.]  laws  of  the  said  State,  passed  by  the  General  Assembly  of  tho 
same,  on  the  3d  day  of  February,  in  the  year  of  our  Lord  1787, 
it  is  thus  enrolled : 

In  the  eleventh  year  of  the  independence  of  the  Delaware  State : 

AN  ACT  appointing  deputies  from  this  State  to  the  convention  proposed 
to  be  held  in  the  city  of  Philadelphia,  for  the  purpose  of  revising  the 
Federal  Constitution. 

Whereas  the  General  Assembly  of  this  State  are  fully  convinced  ot 
the  necessity  of  revising  the  Federal  Constitution,  and  adding  thereto 
such  further  provisions  as  may  render  the  same  more  adequate  to  th« 

19 


178 

exigencies  of  the  Union :  And  whereas  the  Legislature  of  Virginia  have 
already  passed  an  act  of  that  Commonwealth,  appointing  and  authorizing 
certain  commissioners  to  meet,  at  the  city  of  Philadelphia,  in  May  next, 
a  convention  of  commissioners  or  deputies  from  the  different  States ; 
and,  this  State  being  willing  and  desirous  of  co-operating  with  the  Com- 
monwealth of  Virginia  and  the  other  States  in  the  Confederation  in  so 
useful  a  design : 

Be  it  therefore  enacted  by  the  General  Assembly  of  Delaware,  That 
George  Read,  Gunning  Bedford,  John  Dickinson,  Richard  Bassett,  and 
Jacob  Broom,  esqrs.,  are  hereby  appointed  deputies  from  this  State  to 
meet  in  the  convention  of  the  deputies  of  other  States,  to  be  held  at  the 
city  of  Philadelphia,  on  the  2d  day  of  May  next :  And  the  said  George 
Read,  Gunning  Bedford,  John  Dickinson,  Richard  Bassett,  and  Jacob 
Broom,  esqrs.,  or  any  three  of  them,  are  hereby  constituted  and  ap- 
pointed deputies  from  this  State,  with  powers  to  meet  such  deputies  as 
may  be  appointed  and  authorized  by  the  other  States  to  assemble  in  the 
said  convention  at  the  city  aforesaid,  and  to  join  with  them  in  devising, 
deliberating  on,  and  discussing,  such  alterations  and  further  provisions 
as  may  be  necessary  to  render  the  Federal  Constitution  adequate  to  the 
exigencies  of  the  Union,  and  in  reporting  such  act  or  acts  for  that  pur- 
pose to  the  United  States  in  Congress  assembled,  as,  when  agreed  to  by 
them,  and  duly  confirmed  by  the  several  States,  may  effectually  provide 
for  the  same.  So,  always,  and  provided,  that  such  alterations  or  fur- 
ther provisions,  or  any  of  them,  do  not  extend- to  that  part  of  the  fifth 
article  of  the  Confederation  of  the  said  States,  finally  ratified  on  the  first 
day  of  March,  in  the  year  1781,  which  declares  that,  "In  determining 
questions  in  the  United  States  in  Congress  assembled,  each  State  shall 
have  one  vote." 

And  be  it  enacted,  That,  in  case  any  of  the  said  deputies  hereby  nomi- 
nated shall  happen  to  die,  or  to  resign  his  or  their  appointment,  the  Pre- 
sident or  commander-in-chief,  with  the  advice  of  the  privy  council,  in 
the  recess  of  the  General  Assembly,  is  hereby  authorized  to  supply 
such  vacancies. 

Signed  by  order  of  the  House  of  Assembly. 

JOHN  COOK,  Speaker. 

Passed  at  Dover,  February  3,  1787. 

Signed  by  order  of  the  Council. 

GEO.  CRAGHED,  Speaker. 

All  and  singular  which  promises,  by  the  tenor  of  these  presents,  I 
nave  caused  to  be  exemplified.  In  testimony  whereof,  I  have  hereunto 


179 

subscribed  my  name,  and  caused  the  great  seal  of  the  said  State  to  be 
affixed  to  these  presents,  at  New  Castle,  the  second  day  of  April,  in 
the  year  of  our  Lord  1787,  and  in  the  eleventh  year  of  the  independence 
of  the  United  States  of  America. 

THOMAS  COLLINS. 
Attest:  JAMES  BOOTH,  Secretary. 

GEORGIA. 

By  the   honorable  George   Mathews,  esq.,  cap'tain-general,  Governor, 
and  commander-in-chief,  in  and  over  the  State  aforesaid. 

To  all  to  whom  these  presents  shall  come,  greeting: 

Know  ye,  that  John  Milton,  esq.,  who  hath  certified  the  annexed  copy 
of  an  ordinance,  entitled  "An  ordinance  for  the  appointment  of  deputies 
from  this  State,  for  the  purpose  of  revising  the  Federal  Constitution," 
is  secretary  of  the  said  State,  in  whose  office  the  archives  of  the  same 
are  deposited;  therefore,  all  due  faith,  credit,  and  authority,  are,  and 
ought  to  -e,  had  and  given  the  same. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  caused  the 
great  seal  of  the  State  to  be  put  and  affixed,  at  Augusta,  this 
[L  s.]     24th  day  of  April,-  in  the  year  of  our  Lord  1787,  and  of  our 
sovereignty  and  independence  the  eleventh. 

GEO.  MATHEWS. 
By  his  honor's  command. 

J.  MILTON, 

An  ordinance  for  the  appointment  of  deputies  from  this  State,  for  the 
purpose  of  revising  the  Federal  Constitution. 

Be  it  ordained,  by  the  representatives  of  the  freemen  of  the  State  of 
Georgia,  in  General  Assembly  met,  and  by  the  authority  of  the  same, 
that  William  Few,  Abraham  Baldwin,  William  Pierce,  George  Walton, 
William  Houston,  and  Nathaniel  Pendleton,  esqrs.,  be,  and  they  are 
hereby,  appointed  commissioners,  who,  or  any  two  or  more  of  them, 
are  hereby  authorized,  as  deputies  from  this  State,  to  meet  such  deputies 
as  may  be  appointed  and  authorized  by  other  States,  to  assemble  in  con- 
vention at  Philadelphia,  and  to  join  with  them  in  devising  and  discussing 
all  such  alterations  and  farther  provisions  as  may  be  necessary  to  render 
the  Federal  Constitution  adequate  to  the  exigencies  of  the  Union,  and 
in  reporting  such  an  act  for  that  purpose  to  the  United  States  in  Congress 


180 

assembled,  as,  when  agreed  to  by  them,  and  duly  confirmed  by  the 
several  States,  will  effectually  provide  for  the  same.  In  case  of  the 
death  of  any  of  the  said  deputies,  or  of  their  declining  their  appoint 
ments,  the  executive  are  hereby  authorized  to  supply  such  vacancies. 

By  order  of  the  House. 

(Signed)  WM.  GIBBONS,  Speaker 

Augusta,  the  10th  February,  1787. 

GEORGIA,  Secretary's  Office, 

The  above  is  a  true  copy  from  the  original  ordinance  deposited  in  my 
office.  J.  MILTON,  Secretary. 

Augusta,  24th  April,  1787. 

The  State  of  Georgia,  by  the  grace  of  God,  free,  sovereign,  and  inde- 
pendent, 

To  the  honorable  William  Few,  esq. 

Whereas  you,  the  said  William  Few,  are,  in  and  by  an  ordinance  of 
the  General  Assembly  of  our  said  State,  nominated  and  appointed  a 
deputy  to  represent  the  same  in  a  convention  of  the  United  Stutes,  to  be 
assembled  at  Philadelphia,  for  the  purposes  of  devising  and  discussing 
all  such  alterations  and  farther  provisions  as  may  be  necessary  to  render 
the  Federal  Constitution  adequate  to  the  exigencies  of  the  Union : 

You  are  therefore  hereby  commissioned  to  proceed  on  the  duties  re- 
quired of  you  in  virtue  of  the  said  ordinance. 

Witness  our  trusty  and  well-beloved   George  Mathews,  esq.,  our 
captain- general,  Governor,  and  commandcr-in-chief,  under  his 
[L.  s.]     hand,  and  our  great  seal,  at  Augusta,  this  17th  day  of  April,  in 
the  year  of  our  Lord  1787,  and  of  our  sovereignty  and  inde- 
pendence the  eleventh. 

GEO.  MATHEWS. 

By  his  honor's  command. 

J.  MILTON,  Secretary. 

Commissions  precisely  similar  to  the  above  were  given,  on  the 
said  17th  April,  1787,  to — 
The  honorable  William  Pierce,  esq. 
The  honorable  William  Houston,  eaq. 


181 

STATE  OF  NEW  YORK. 

By  his  excellency  George  Clinton,  esq.,  Governor  of  the  State  of  New 
~       1     York,  general  and  commander-in-chief  of  all  the  militia,  and 
admiral  of  the  navy  of  the  same : 

To  all  to  whom  these  presents  shall  come. 

It  is  by  these  presents  certified,  that  John  M'Kesson,  who  has  sub- 
scribed the  annexed  copies  of  resolutions,  is  clerk  of  the  Assembly  of 
(his  State. 

In  testimony  whereof,  I  have  caused  the  privy  seal  of  the  said  State 
to  be  hereunto  affixed,  this  ninth  day  of  May,  in  the  eleventh 
year  of  the  independence  of  the  said  State. 

GEO.  CLINTON. 

STATE  OF  NEW  YORK,  IN  ASSEMBLY,  FEBRUARY  28,  1787. 

A  copy  of  a  resolution  of  the  honorable  the  Senate,  delivered  by  Mr. 
Williams,  was  read,  and  is  in  the  words  following,  viz. : 

Resolved,  If  the  honorable  the  Assembly  concur  therein,  that  three 
delegates  be  appointed,  on  the  part  of  this  State,  to  meet  such  delegates 
as  may  be  appointed  on  the  part  of  the  other  States,  respectively,  on  the 
second  Monday  in  May  next,  at  Philadelphia,  for  the  sole  and  express 
purpose  of  revising  the  Articles  of  Confederation,  and  reporting  to  Con- 
gress, and  to  the  several  legislatures,  such  alterations  and  provisions 
therein  as  shall,  when  agreed  to  in  Congress,  and  confirmed  by  the 
several  States,  render  the  Federal  Constitution  adequate  to  the  exigen- 
cies of  Government,  and  the  preservation  of  the  Union ;  and  that,  in 
case  of  such  concurrence,  the  two  Houses  of  the  legislature  will,  on 
Tuesday  next,  proceed  to  nominate  and  appoint  the  said  delegates,  in 
like  manner  as  is  directed  by  the  Constitution  of  this  State  for  nomi- 
nating and  appointing  delegates  to  Congress. 

Resolved,  That  this  House  do  concur  with  the  honorable  the  Senate  in 
the  said  resolution. 

IN  ASSEMBLY,  MARCH  6,  1787. 

Resolved,  That  the  honorable  Robert  Yates,  esq.,  and  Alexander 
Hamilton  and  John  Lansing,  jun.,  esqrs.,  be,  and  they  are  hereby  nomi- 
nated by  this  House,  delegates  on  the  part  of  this  State,  to  meet  such 
delegates  as  may  be  appointed  on  the  part  of  the  other  States,  respec- 
tively, on  the  second  Monday  in  May  next,  at  Philadelphia,  pursuant 
to  concurrent  resolutions  of  both  Houses  of  the  legislature  on  the  28th 
ultimo. 

Resolved,  That  this  House  will  meet  the  honorable  the  Senate  imme- 
19* 


182 

diately,  at  such  place  as  they  shall  appoint,  to  compare  the  lists  of  per- 
sons nominated  by  the  Senate  and  Assembly,  respectively,  as  delegates 
on  the  part  of  this  State,  to  meet  such  delegates  as  may  be  appointed  on 
the  part  of  the  other  States,  respectively,  on  the  second  Monday  in  May 
next,  at  Philadelphia,  pursuant  to  concurrent  resolutions  of  both  Houses 
of  the  legislature  on  the  28th  ultimo. 

Ordered,  That  Mr.  N.  Smith  deliver  a  copy  of  the  last  preceding 
resolution  to  the  honorable  the  Senate. 

A  copy  of  a  resolution  of  the  honorable  the  Senate  was  delivered  by 
Mr.  Vanderbelt,  that  the  Senate  will  immediately  meet  this  H^use  in 
the  Assembly  chamber,  to  compare  the  lists  of  persons  nominated  by 
the  Senate  and  Assembly,  respectively,  as  delegates,  pursuant  to  the 
resolution  before  mentioned. 

The  honorable  the  Senate  accordingly  attended  in  the  Assembly 
chamber,  to  compare  the  lists  of  persons  nominated  for  delegates,  aa 
above  mentioned. 

The  list  of  persons  nominated  by  the  honorable  the  Senate,  were  the 
honorable  Robert  Yates,  esq.,  and  John  Lansing,  jun.,  and  Alexander 
Hamilton,  esqrs.,  and  on  comparing  the  lists  of  the  persons  nominated 
by  the  Senate  and  Assembly,  respectively,  it  appeared  that  the  same 
persons  were  nominated  in  both  lists  ;  thereupon, 

Resolved,  That  the  honorable  Robert  Yates,  John  Lansing,  jun.,  and 
Alexander  Hamilton,  esqrs.,  be,  and  they  are  hereby  declared  duly 
nominated  and  appointed  delegates,  on  the  part  of  this  State,  to  meet 
such  delegates  as  may  be  appointed  on  the  part  of  the  other  States, 
respectively,  on  the  second  Monday  in  May  next,  at  Philadelphia,  for 
the  sole  and  express  purpose  of  revising  the  Articles  of  Confederation, 
and  reporting  to  Congress,  and  to  the  several  legislatures,  such  altera- 
tions and  provisions  therein  as  shall,  when  agreed  to  in  Congress,  and 
confirmed  by  the  several  States,  render  the  Federal  Constitution  adequate 
to  the  exigencies  of  Government,  and  the  preservation  of  the  Union. 

True  extracts  from  the  journals  of  the  Assembly. 

JOHN  M'KESSON,  Clerk. 

STATE  OF  SOUTH  CAROLINA. 
By  his  excellency  Thomas  Pinckney,  esq.,  Governor,  and  commander 

in-chief,  in  and  over  the  State  aforesaid. 
To  the  honorable  John  Rutledge,  esq.,  greeting: 

By  virtue  of  the  power  and  authority  in  me  vested  by  the  legislature 
of  this  State,  in  their  act  passed  the  eighth  day  of  March  last,  I  do 


183 

hereby  commission  you,  the  said  John  Rutledge,  as  one  of  the  deputies 
appointed  from  this  State,  to  meet  such  deputies  or  commissioners  as 
may  be  appointed  and  authorized  by  other  of  the  United  States,  to  as- 
semble in  convention  at  the  city  of  Philadelphia,  in  the  month  of  May 
next,  or  as  soon  thereafter  as  may  be,  and  to  join  with  such  deputies  or 
commissioners  (they  being  duly  authorized  and  empowered)  in  devising 
and  discussing  all  such  alterations,  clauses,  articles,  and  provisions,  as 
may  be  thought  necessary  to  render  the  Federal  Constitution  entirely 
adequate  to  the  actual  situation  and  future  good  government  of  the  con- 
federated States ;  and  that  you,  together  with  the  said  deputies  or  com- 
missioners, or  a  majority  of  them  who  shall  be  present,  (provided  the 
State  be  not  represented  by  less  than  two,)  do  join  in  reporting  such  an 
act  to  the  United  States  in  Congress  assembled,  as,  when  approved  and 
agreed  to  by  them,  and  duly  ratified  and  confirmed  by  the  several  States, 
will  effectually  provide  for  the  exigencies  of  the  Union. 

Given  under  my  hand,  and  the  great  seal  of  the  State,  in  the  city  of 
Charleston,  this  10th  day  of  April,  in  the  year  of  our  Lord  1787, 
[L.  s.]    _and  of  the  sovereignty  and  independence  of  the  United  States 
of  America  the  eleventh. 

THOMAS  PINCKNEY. 

By  his  excellency's  command. 

PETER  FRENEAU,  Secretary. 

Commissions  precisely  similar  to  the  above  were  given,  on  the 
said  10th  April,  1787,  to— 
The  honorable  Charles  Pinckney,  esq. 
The  honorable  Charles  Cotesworth  Pinckney,  esq. 
The  honorable  Pierce  Butler,  esq.        » 

COMMONWEALTH  OF  MASSACHUSETTS. 
By  his  excellency  James  Bowdoin,  esq.,  Governor  of  the  Common' 

wealth  of  Massachusetts. 
To  the  honorable  Francis  Dana,  Elbridge  Gerry,  Nathaniel  Gorham, 

Rufus  King,  and  Caleb  Strong,  esqrs.,  greeting: 
Whereas  Congress  did,  on  the  21st  day  of  February,  A.  D.  1787, 
resolve,  "That,  in  the  opinion  of  Congress,  it  is  expedient  that,  on  the 
second  Monday  in  May  next,  a  convention  of  delegates,  who  shall  have 
been  appointed  by  the  several  States,  to  be  held  at  Philadelphia,  for  the 
sole  and  express  purpose  of  revising  the  Articles  of  Confederation,  and 


184 

reporting  to  Congress,  and  the  several  legislatures,  such  alterations  and 
provisions  therein  as  shall,  when  agreed  to  in  Congress,  and  confirmed 
by  the  States,  render  the  Federal  Constitution  adequate  to  the  exigencies 
of  Government  and  the  preservation  of  the  Union."  And  whereas  the 
general  court  have  constituted  and  appointed  you  their  delegates^  to  at- 
tend and  represent  this  Commonwealth  in  the  said  proposed  convention, 
and  have,  by  a  resolution  of  theirs  of  the  tenth  of  March  last,  requested 
me  to  commission  you  for  that  purpose. 

Now,  therefore,  know  ye,  that  in  pursuance  of  the  resolutions  afore- 
said, I  do,  by  these  presents,  commission  you,  the  said  Francis  Dana, 
Elbridge  Gerry,  Nathaniel  Gorham,  Rufus  King,  and  Caleb  Strong, 
esqrs.,  or  any  three  of  you,  to  meet  such  delegates  as  may  be  appointed 
by  the  other,  or  any  of  the  other  States  in  the  Union,  to  meet  in  con- 
vention at  Philadelphia,  at  the  time,  and  for  the  purposes  aforesaid. 
In  testimony  whereof,  I  have  caused  the  public  seal  of  the  Common- 
wealth aforesaid  to  be  hereunto  affixed.     Given  at  the  council 
[L.  s.]     chamber,  in  Boston,  the  ninth  day  of  April,  A.  D.  1787,  and  in 
the  eleventh  year  of  the  independence  of  the  United  States  of 
America.  JAMES  BOWDOIN. 

By  his  excellency's  command. 

JOHN  AVERT,  JUK.,  Secretary. 

STATE  OF  CONNECTICUT. 

At  a  General  Assembly  of  the  State  of  Connecticut,  in  America,  lioldtn 
[L.  s.]      at  Hartford,  on  the  second  Thursday  of  May,  A.  D.  1787. 
AN  ACT  for  appointing  delegates  to  meet  in  a  convention  of  the  States, 

to  be  held  at  the  city  of  Philadelphia,  on  the  second  Monday  of  May 

instant. 

Whereas  the  Congress  of  the  United  States,  by  their  a6t  of  the  21st 
of  February,  1787,  have  recommended  that,  on  the  second  Monday  of 
May  instant,  a  convention  of  delegates,  who  shall  have  been  appointed 
by  the  several  States,  be  held  at  Philadelphia,  for  the  sole  and  express 
purpose  of  revising  the  Articles  of  Confederation, 

Be  it  enacted  by  the  Governor,  council,  and  representatives,  in  gene- 
ral court  assembled,  and  by  the  authority  of  the  same,  That  the  honor- 
able William  Samuel  Johnson,  Roger  Sherman,  and  Oliver  Ellsworth, 
esqrs.,  be,  and  they  hereby  are,  appointed  delegates  to  attend  the  said 
convention,  and  are  requested  to  proceed  to  the  city  of  Philadelphia  for 
that  purpose,  without  delay ;  and  the  said  delegates,  and,  in  case  of  sick- 
ness or  accident,  such  one  or  more  of  them  as  shall  actually  attend  the 


185 

said  convention,  is,  and  are  hereby  authorized  and  empowered  to  repre- 
sent this  State  therein,  and  to  confer  with  such  delegates  appointed  by 
the  several  States,  for  the  purposes  mentioned  in  the  said  act  of  Con- 
gress, that  may  be  present  and  duly  empowered  to  act  in  said  conven 
tion,  and  to  discuss  upon  such  alterations  and  provisions,  agreeable  to 
the  general  principles  of  republican  government,  as  they  shall  think  pro- 
per to  render  the  Federal  Constitution  adequate  to  the  exigencies  of 
Government  and  the  preservation  of  the  Union ;  and  they  are  further 
directed,  pursuant  to  the  said  act  of  Congress,  to  report  such  alterations 
and  provisions  as  may  be  agreed  to  by  a  majority  of  the  United  States 
represented  in  convention,  to  the  Congress  of  the  United  States,  and  to 
the  General  Assembly  of  this  State. 

A  true  copy  of  record,  examined  by 

GEORGE  WYLLYS,  Sec'ry. 

STATE  OF  MARYLAND. 

AN  ACT  for  the  appointment  of,  and  conferring  powers  in,  deputies 
from  this  State  to  the  Federal  Convention. 

Be  it  enacted  by  the  General  Assembly  of  Maryland,  That  the  honor- 
able James  M'Henry,  Daniel  of  St.  Thomas  Jenifer,  Daniel  Carroll,  John 
Francis  Mercer,  and  Luther  Martin,  esqrs.,  be  appointed  and  authorized, 
on  behalf  of  this  State,  to  meet  such  deputies  as  may  be  appointed  and 
authorized  by  any  other  of  the  United  States,  to  assemble  in  convention 
at  Philadelphia,  for  the  purpose  of  revising  the  Federal  system,  and  to 
join  with  them  in  considering  such  alterations  and  further  provisions  as 
may  be  necessary  to  render  the  Federal  Constitution  adequate  to  the 
exigencies  of  the  Union ;  and  in  reporting  such  an  act  for  that  purpose 
to  the  United  States  in  Congress  assembled,  as,  when  agreed  to  by  them 
and  duly  confirmed  by  the  several  States,  will  effectually  provide  for  the 
same ;  and  the  said  deputies,  or  such  of  them  as  shall  attend  the  said 
convention,  shall  have  full  power  to  represent  this  State  for  the  purposes 
aforesaid ;  and  the  said  deputies  are  hereby  directed  to  report  the  pro 
ceedings  of  the  said  convention,  and  any  act  agreed  to  therein,  to  the 
next  session  of  the  General  Assembly  of  this  State. 

By  the  House  of  Delegates,  May  26,  1787,  read  and  assented  to. 
By  order:  WM.  HARWOOD,  Clerk. 

True  copy  from  the  original.          WM.  HARWOOD,  Cleric  H.  D. 

By  the  Senate,  May  26,  1787,  read  and  assented  to. 

By  order:  J.  DORSEY,  Clerk. 

True  copy  from  the  original.  J.  DORSEY,  Clerk  Senate. 

W.  SMALLWOOD. 


186 

STATE  OF  NEW  HAMPSHIRE. 

In  the  year  of  our  Lord  1787. 

AN  ACT  for  appointing  deputies  from  this  State  to  the  convention,  pro- 
posed to  be  holden  in  the  city  of  Philadelphia,  in  May,  1787,  for  the 
purpose  of  revising  the  Federal  Constitution. 

Whereas,  in  the  formation  of  the  Federal  compact,  which  frames  the 
bond  of  union  of  the  American  States,  it  was  not  possible  in  the  infant 
state  of  our  republic  to  devise  a  system  which,  in  the  course  of  time  and 
experience,  would  not  manifest  imperfections  that  it  would  be  necessary 
to  reform. 

And  whereas  the  limited  powers,  which  by  the  Articles  of  Confedera- 
tion are  vested  in  the  Congress  of  the  United  States,  have  been  found 
far  inadequate  to  the  enlarged  purposes  which  they  were  intended  to 
produce.  And  whereas  Congress  hath,  by  repeated  and  most  urgent 
representations,  endeavored  to  awaken  this  and  other  States  of  the  Union 
to  a  sense  of  the  truly  critical  and  alarming  situation  in  which  they  may 
inevitably  be  involved,  unless  timely  measures  be  taken  to  enlarge  the 
powers  of  Congress,  that  they  may  be  thereby  enabled  to  avert  the  danger 
which  threaten  our  existence  as  a  free  and  independent  people.  And 
whereas  this  State  hath  been  ever  desirous  to  act  upon  the  liberal  system 
of  the  general  good  of  the  United  States,  without  circumscribing  its  views 
to  the  narrow  and  selfish  objects  of  partial  convenience,  and  has  been  at 
all  times  ready  to  make  every  concession  to  the  safety  and  happiness  of 
the  whole,  which  justice  and  sound  policy  could  vindicate. 

Be  it  therefore  enacted,  by  the  Senate  and  House  of  Representatives  in 
general  court  convened,  that  John  Langdon,  John  Pickering,  Nicholas 
Oilman,  and  Benjamin  West,  esqrs.,  be,  and  hereby  are  appointed  com- 
missioners ;  they,  or  any  two  of  them,  are  hereby  authorized  and  em- 
powered, as  deputies  from  this  State,  to  meet  at  Philadelphia  said 
convention,  or  any  other  place  to  which  the  convention  may  be  ad- 
journed, for  the  purposes  aforesaid,  there  to  confer  with  such  deputies  as 
are,  or  may  be,  appointed  by  the  other  States  for  similar  purposes,  and 
with  them  to  discuss  and  decide  upon  the  most  effectual  means  to  remedy 
the  defects  of  our  Federal  Union,  and  to  procure  and  secure  the  enlarged 
purposes  which  it  was  intended  to  effect,  and  to  report  such  an  act  to  the 
United  States  in  Congress,  as,  when  agreed  to  by  them,  and  duly  con- 
firmed by  the  several  States,  will  effectually  provide  for  the  same. 


187 

STATE  OF  NEW  HAMPSHIRE. 
IN  THE  HOUSE  OF  REPRESENTATIVES,  JUNE  27,  1787. 
The  foregoing  bill  having  been  read  a  third  time — voted,  that  it  pass 
to  be  enacted.    Sent  up  for  concurrence. 

JOHN  SPARHAWK,  Speaker. 

In  Senate,  the  same  day :   The  bill  having  been  read  a  third  time, 
voted,  that  the  same  be  enacted. 

JOHN  SULLIVAN,  President. 

Copy  examined,  per 

JOSEPH  PEARSON,  Secretary.     [L.  s.] 


16.  In  pursuance  of  the  foregoing  powers,  the  Delegates  met  in 
Convention  at  Philadelphia  on  the  14th  day,  being  the  second  Mon- 
day in  May,  A.  D.  1787,  and  on  the  17th  of  September,  1787, 
agreed  to  the  Constitution  as  contained  in  the  preceding  part  of 
this  compilation,  [from  page  1  to  23,]  which  they  transmitted  to 
the  United  States  in  Congress  assembled,  together  with  the  fol- 
lowing resolutions  and  letter : 

IN  CONVENTION,  MONDAY,  SEPTEMBER  17,  1787. 
Present :    The  States  of  New  Hampshire,  Massachusetts,  Connecticut, 

Mr.  Hamilton  from  New  York,  New  Jersey,  Pennsylvania,  Delaware, 

Maryland,  Virginia,  North  Carolina,  South  Carolina,  and  Georgia. 

Resolved,  That  the  preceding  Constitution  be  laid  before  the  United 
States  in  Congress  assembled,  and  that  it  is  the  opinion  of  this  conven- 
tion that  it  should  afterwards  be  submitted  to  a  convention  of  delegates, 
chosen  in  each  State  by  the  people  thereof,  under  the  recommendation 
of  its  legislature,  for  their  assent  and  ratification ;  and  that  each  conven- 
tion, assenting  to  and  ratifying  the  same,  should  give  notice  thereof,  to 
the  United  States  in  Congress  assembled. 

Resolved,  That  it  is  the  opinion  of  this  convention,  that  as  soon  as  the 
conventions  of  nine  States  shall  have  ratified  this  Constitution,  the  United 
States  in  Congress  assembled  should  fix  a  day  on  which  electors  should 
be  appointee!  by  the  States  which  shall  have  ratified  the  same,  and  a  day 
on  which  the  electors  should  assemble  to  vote  for  the  President,  and  the 
time  and  place  for  commencing  proceedings  under  this  Constitution, 
That  after  such  publication  the  electors  should  be  appointed,  and  the 
Senators  and  Representatives  elected ;  that  the  electors  should  meet  on 
the  day  fixed  for  the  election  of  the  President,  and  should  transmit  their 
votes  certified,  signed,  sealed,  and  directed,  as  the  Constitution  requires 


188 

to  the  Secretary  of  the  United  States  in  Congress  assembled ;  that  the 
Senators  and  Representatives  should  convene  at  the  time  and  place  as- 
signed ;  that  the  Senators  should  appoint  a  president  of  the  Senate,  for 
the  sole  purpose  of  receiving,  opening,  and  counting  the  votes  for  Presi- 
dent ;  and  that,  after  he  shall  be  chosen,  the  Congress,  together  with  the 
President,  should  without  delay,  proceed  to  execute  this  Constitution. 

By  the  unanimous  order  of  the  convention. 

GEORGE  WASHINGTON,  President. 

WILLIAM  JACKSON,  Secretary. 

IN  CONVENTION,  SEPTEMBER  17,  1787. 

SIR  :  We  have  now  the  honor  to  submit  to  the  consideration  of  the 
United  States  in  Congress  assembled,  that  Constitution  which  has  ap- 
peared to  us  the  most  advisable. 

The  friends  of  our  country  have  long  seen  and  desired  that  the  power 
of  making  war,  peace,  and  treaties,  that  of  levying  money  and  regulating 
commerce,  and  the  correspondent  executive  and  judicial  authorities, 
should  be  fully  and  effectually  vested  in  the  General  Government  of  the 
Union ;  but  the  impropriety  of  delegating  such  extensive  trust  to  one 
body  of  men  is  evident :  hence  results  the  necessity  of  a  different 
organization. 

It  'is  obviously  impracticable,  in  the  Federal  Government  of  these 
States,  to  secure  all  rights  of  independent  sovereignty  to  each,  and  yet 
provide  for  the  interest  and  safety  of  all.  Individuals  entering  into  so- 
ciety must  give  up  a  share  of  liberty  to  preserve  the  rest.  The  magni- 
tude of  the  sacrifice  must  depend  as  well  on  situation  and  circumstance 
as  on  the  object  to  be  obtained.  It  is  at  all  times  difficult  to  draw  with 
precision  the  line  between  those  rights  which  must  be  surrendered  and 
those  which  may  be  reserved ;  and  on  the  present  occasion  this  difficulty 
was  increased  by  a  difference  among  the  several  States  as  to  their  situa- 
tion, extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept  steadily  in  our  view 
that  which  appears  to  us  the  greatest  interest  of  every  true  American — 
the  consolidation  of  our  Union — in  which  is  involved  our  prosperity, 
felicity,  safety,  perhaps  our  national  existence.  This  important  conside- 
ration, seriously  and  deeply  impressed  on  our  minds,  led  each  State  in 
the  convention  to  be  less  rigid  on  points  of  inferior  magnitude  than  might 
have  been  otherwise  expected;  and  thus  the  Constitution  which  we 
now  present  is  the  result  of  a  spirit  of  amity,  and  of  that  mutual  defer,- 
ence  and  concession -which  the  peculiarity  of  our  political  situation  ren- 
dered indispensable. 


189 

That  it  will  meet  the  full  and  entire  approbation  of  every  State,  ia 
not,  perhaps,  to  be  expected ;  but  each  will  doubtless  consider  that,  had 
her  interest  been  alone  consulted,  the  consequences  might  have  been 
particularly  disagreeable  or  injurious  to  others ;  that  it  is  liable  to  as  few 
exceptions  as  could  reasonably  have  been  expected,  we  hope  and  be 
lieve  ;  that  it  may  promote  the  lasting  welfare  of  that  country  so  dear  to 
us  all,  and  secure  her  freedom  and  happiness,  is  our  most  ardent  wish. 

With  great  respect,  we  have  the  honor  to  be,  sir,  your  excellency's 
most  obedient  humble  servants. 

By  unanimous  order  of  the  convention. 

GEORGE  WASHINGTON,  President. 

His  excellency  the  PRESIDENT  OF  CONGRESS. 

17.  Whereupon  Congress  passed  the  following  resolution: 
UNITED  STATES  IN  CONGRESS  ASSEMBLED. 

FRIDAY,  SEPTEMBER  28,  1787. 

Present:  New  Hampshire,  Massachusetts,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia,  and  from  Maryland  Mr.  Ross. 

Congress  having  received  the  report  of  the  convention  lately  assem- 
bled in  Philadelphia— 

Resolved,  unanimously,  That  the  said  report,  with  the  resolutions  and 
letter  accompanying  the  same,  be  transmitted  to  the  several  legislatures, 
in  order  to  be  submitted  to  a  convention  of  delegates  chosen  in  each 
State  by  the  people  thereof,  in  conformity  to  the  resolves  of  the  conven- 
tion made  and  provided  in  that  case. 

18.  The  States  having  accordingly  passed  acts  for  severally 
calling  conventions,  and  the  Constitution  having  been  submitted 
to  them,  was  ratified  by  the  conventions  of  the  several  States,  at 
the  dates  respectively  as  stated  on  page  24  of  this  compilation. 

THE  UNITED  STATES  IN  CONGRESS  ASSEMBLED. 

SATURDAY,  SEPTEMBER  13,  1788. 

Congress  assembled.  Present:  New  Hampshire,  Massachusetts,  Con 
necticut,  New  York,  New  Jersey,  Pennsylvania,  Virginia,  North  Caro- 
lina, South  Carolina,  and  Georgia;  and  from  Rhode  Island  Mr.  Arnold, 
and  from  Delaware  Mr.  Kearny. 

20 


190 

On  the  question  to  agree  to  the  proposition  which  was  yesterday  post- 
poned by  the  State  of  Delaware,  the  yeas  and  nays  being  required  by 
Mr.  Oilman — 

New  Hampshire Mr.  Oilman,  ay) 

Wingate,  ayj    * 

Massachusetts Mr.  Dana,  ay) 

Thatcher,          ay  5  ay 

Connecticut Mr.  Huntington,  ay) 

Wadsworth,  ay  5    ' 

New  York Mr.  Hamilton,  ay) 

Gansevoort,  ay)    ^ 

New  Jersey Mr.  Clarke,  ay) 

Dayton,  ayj  ay 

Pennsylvania Mr.  Irwine,  ay"^ 

Meredith,  ay  I 

Armstrong,  ay  ray 

Read,  ayj 

Virginia Mr.  Griffin,  ay^j 

Madison,  ay  ( 

Carrington,  ay  [   y 

Lee,  ayj 

South  Carolina Mr.  Parker,  ay) 

Tucker,  ayj  ay 

Georgia Mr.  Few,  ay  ) 

Baldwin,  ay  J  ay 

So  it  was  resolved  in  the  affirmative,  as  follows: 

Whereas  the  convention  assembled  in  Philadelphia,  pursuant  to  the 
resolution  of  Congress  of  the  21st  of  February,  1787,  did,  on  the  17th 
of  September  in  the  same  year,  report  to  the  United  States  in  Congress 
assembled  a  Constitution  for  the  people  of  the  United  States ;  where- 
upon Congress,  on  the  28th  of  the  same  September,  did  resolve,  unani- 
mously, "That  the  said  report,  with  the  resolutions  and  letter  accom- 
panying the  same,  be  transmitted  to  the  several  legislatures,  in  order  to 
be  submitted  to  a  convention  of  delegates,  chosen  in  each  State  by  the 
people  thereof,  in  conformity  to  the  resolves  of  the  convention  made 
nnd  provided  in  that  case  :"  And  whereas  the  Constitution  so  reported 
by  the  convention,  and  by  Congress  transmitted  to  the  several  legisla- 
tures, has  been  ratified  in  the  manner  therein  declared  to  be  sufficient 
for  the  establishment  of  the  same,  and  such  ratifications,  duly  authenti- 
cated, have  been  received  by  Congress,  and  are  filed  in  the  office  of  the 
Secretary ;  therefore — 

Lesolved,  That  the  first  Wednesday  in  January  next  be  the  day  for 
appointing  electors  in  the  several  States,  which,  before  the  said  day, 
shall  have  ratified  the  said  Constitution;  that  the  first  Wednesday  in 


191 

February  next  be  the  day  for  the  electors  to  assemble  in  their  respective 
States,  and  vote  for  a  President ;  and  that  the  first  Wednesday  in  March 
next  be  the  time,  and  the  present  seat  of  Congress  (New  York)  the 
place,  for  commencing  the  proceedings  under  the  said  Constitution. 

19.  The  elections  were  held  in  the  several  states  for  Electors,  in 
conformity  with  the  above  resolution,  and  the  Electors  so  appointed 
met  as  therein  required,  and  voted  for  President  and  Vice  Presi- 
dent, (the  result  of  whose  votes  will  be  seen  in  the  first  table  of 
electoral  votes  contained  in  this  volume,)  and  the  several  states 
having,  in  conformity  with  the  Constitution,  elected  the  Senators 
and  Representatives  to  which  they  were  respectively  entitled,  pro- 
ceedings commenced  under  the  Constitution  on  the  first  Wednes- 
day, being  the  4th  day  of  March,  1789,  by  the  meeting  of  the  Sena- 
tors and  Representatives  in  Congress  on  that  day,  from  the  eleven 
states  which  had  then  ratified  the  Constitution  ;  but  a  quorum  not 
appearing  in  either  House,  the  House  of  Representatives  adjourned 
from  day  to  day  until  Wednesday,  the  1st  of  April,  when  a  quo- 
rum, consisting  of  a  majority  of  the  whole  number,  appearing,  they 
elected  a  speaker  and  clerk  and  proceeded  to  business ;  the  Senate 
in  like  manner  adjourned  from  day  to  day,  until  Monday,  the  6th 
of  April,  when  a  quorum,  consisting  of  a  majority  of  the  whole 
number  of  Senators,  appearing,  "  the  Senate  proceeded,  by  ballot, 
to  the  choice  of  a  President,  for  the  sole  purpose  of  opening  and 
counting  the  votes  for  President  of  the  United  States."  The  Elec- 
toral votes  were  accordingly  opened  and  counted  on  the  6th  of 
April,  1789,  in  the  presence  of  the  Senate  and  House  of  Represen- 
tatives, and  it  appeared  that  George  Washington  was  unanimously 
elected  President,  and  that  John  Adams  was  duly  elected  Vice 
President  of  the  United  States,  agreeably  to  the  Constitution.  The 
Senate  then  elected  a  President  pro  tempore,  the  Vice  President 
not  being  present,  and  also  a  secretary,  and  proceeded  to  business; 
and  having  taken  the  proper  measures  to  notify  the  individuals 
elected,  John  Adams,  Vice  President,  appeared  and  assumed  the 
chair  as  President  of  the  Senate  on  Tuesday  the  21st  of  April. 
George  Washington  was  introduced  into  the  Senate  Chamber,  by 
the  committee  appointed  for  the  purpose,  on  Thursday,  April  30, 


192 

1789,  and  was  attended  to  the  gallery  in  front  of  the  Senate  Cham- 
ber by  the  Vice  President  and  Senators,  the  Speaker  and  Repre- 
sentatives and  other  public  characters  present.  The  oath  required 
by  the  Constitution  was  then  administered  to  him  by  the  Chancel- 
lor of  the  State  of  New  York,  who  proclaimed,  "Long  live  George 
Washington,  President  of  the  United  States,"  after  which  the  Pre- 
sident returned  to  the  Senate  Chamber  and  delivered  his  inaugural 
address  to  the  Senate  and  House  of  Representatives. 

Thus  commenced  the  proceedings  of  the  Constitutional  Govern- 
ment of  the  United  States  of  America.  The  Executive  and  Legis- 
lative branches  so  installed,  possessed  from  that  time,  under  the 
Constitution,  the  power  to  make  laws  and  appoint  all  the  officers 
necessary  to  constitute  the  Judiciary  Branch,  as  well  as  all  the  Ex 
ecutive  Departments  and  subordinate  offices,  both  civil  and  military , 
all  of  which  was  effected  in  a  convenient  and  proper  time,  and  the 
whole  system,  then  for  the  first  time  put  in  motion,  has  continued 
to  operate,  improve,  and  mature,  until  it  has  acquired  a  capacity, 
stability,  and  power  adequate  to  its  own  security  and  preservation, 
and  to  the  protection  of  the  rights,  the  honor,  and  interest  of  its 
citizens  over  the  entire  surface  of  the  globe,  as  well  as  to  the  pre- 
servation of  the  lives,  the  liberty,  and  happiness  of  its  people  at 
home ;  illustrating  all  the  attributes  of  a  good  government,  and 
proving  incontestably  the  value  and  excellence  oi  our  own  Consti- 
tution. 


193 


CHAPTER  3. 

PROCEEDINGS  IN  THE  CONGRESS  OF  THE  UNITED  COLONIES  RE- 
SPECTING "A  DECLARATION  OF  INDEPENDENCE,  BY  THE  RE- 
PRESENTATIVES  OF  THE  UNITED  STATES  OF  AMERICA,  IN 
CONGRESS  ASSEMBLED." 

IN  THE  CONGRESS  OF  THE  UNITED  COLONIES. 
SATURDAY,  JUNE  8,  1776. 

Resolved,  That  the  resolutions  respecting  independency  be  referred  to 
a  committee  of  the  whole  Congress. 

The  Congress  then  resolved  itself  into  a  committee  of  the  whole;  and, 
after  some  time,  the  President  resumed  the  chair,  and  Mr.  Harrison  re- 
ported, that  the  committee  have  taken  into  consideration  the  matter  to 
them  referred,  but  not  having  come  to  any  resolution  thereon,  directed 
him  to  move  for  leave  to  sit  again  on  Monday. 

Resolved,  That  this  Congress  will,  on  Monday  next,  at  10  o'clock,  re- 
solve itself  into  a  committee  of  the  whole,  to  take  into  their  farther  con- 
sideration the  resolutions  referred  to  them. 

MONDAY,  JUNE  10,  1776. 

Agreeable  to  order,  the  Congress  resolved  itself  into  a  committee  of 
the  whole,  to  take  into  their  further  consideration  the  resolutions  to  them 
referred ;  and,  after  some  time  spent  thereon,  the  President  resumed  the 
chair,  and  Mr.  Harrison  reported,  that  the  committee  have  had  under 
consideration  the  matters  referred  to  them,  and  have  come  to  a  resolu- 
tion thereon,  which  they  directed  him  to  report. 

The  resolution  agreed  to  in  committee  of  the  whole  being  read, 
Resolved,  That  the  consideration  of  the  first  resolution  be  postponed 
to  Monday,  the  first  day  of  July  next ;  and  in  the  meanwhile,  that  no 
time  be  lost,  in  case  the  Congress  agree  thereto,  that  a  committee  be 
appointed  to  prepare  a  declaration  to  the  effect  of  the  said  first  resolution 
which  is  in  these  words:  "  That  these  United  Colonies  are,  and  of  right 
ought  to  be,  free  and  independent  States ;  that  they  are  absolved  from 
all  allegiance  to  the  British  crown:  and  that  all  political  connexion  be- 
tween them  and  the  State  of  Great  Britain  is,  and  ought  to  be,  totally 
dissolved." 

20» 


194 
I 

TUESDAY,  JUNE  11,  1776. 

Resolved,  That  the  committee,  for  preparing  the  Declaration,  consist 
of  five: — The  members  chosen,  Mr.  Jefferson,  Mr.  John  Adams,  Mr. 
Franklin,  Mr.  Sherman,  and  Mr.  R.  R.  Livingston. 

TUESDAY,.  JUNE  25,  1776. 

A  declaration  of  the  deputies  of  Pennsylvania,  met  in  Provincial  Con- 
ference, was  laid  before  Congress,  and  read,  expressing  their  willingness 
to  concur  in  a  vote  of  Congress,  declaring  the  United  Colonies  free  and 
independent  States.  _, 

FRFDAY,  JUNE  28,  1776. 

"  Francis  Hopkinson,  one  of  the  delegates  from  New  Jersey,  attended, 
and  produced  the  credentials  of  their  appointment,"  containing  the  fol- 
lowing instructions: — "If  you  shall  judge  it  necessary  or  expedient  for 
this  purpose,  we  empower  you  to  join  in  declaring  the  United  Colonies 
independent  of  Great  Britain,  entering  into  a  confederation  for  union  and 
common  defence,"  &c. 

MONDAY,  JULY  1,  1776. 

'A  resolution  of  the  convention  of  Maryland,  passed  the  28th  of  June, 
was  laid  before  Congress  and  read,  .containing  the  following  instruc- 
tions to  their  deputies  in  Congress: — "  That  the  deputies  of  said  colony, 
or  any  three  or  more  of  them,  be  authorized  and  empowered  to  concur 
with  the  other  United  Colonies,  or  a  majority  of  them,  in  declaring  the 
United  Colonies  free  and  independent  States ;  in  forming  such  further 
compact  and  confederation  between  them,"  &c. 

The  order  of  the  day  being  read, 

Resolved,  That  this  Congress  will  resolve  itself  into  a  committee  of  the 
whole,  to  take  into  consideration  the  resolution  respecting  independency. 

That  the  declaration  be  referred  to  said  committee. 

The  Congress  resolved  itself  into  a  committee  of  the  whole.  After 
some  time  the  President  resumed  the  chair,  and  Mr.  Harrison  reported, 
that  the  committee  had  come  to  a  resolution,  which  they  desired  him  to 
report,  and  to  move  for  leave  to  sit  again. 

The  resolution  agreed  to  by  the  committee  of  the  whole  being  read, 
the  determination  thereof  was,  at  the  request  of  a  colony,  postponed 
until  to-morrow. 

Resolved,  That  this  Congress  will,  to-morrow,  resolve  itself  into  a 
committee  of  the  whole,  to  take  into  consideration  the  declaration  re- 
specting independence. 


195 

* 

TUESDAY,  JULY  2,  1776. 

The  Congress  resumed  the  consideration  of  the  resolution  reported 
from  the  committee  of  the  whole  ;  which  was  agreed  to  as  follows  : 

Resolved,  ?TflaJ>  tL>*e  6U&tlted  q&JIwiUft  a^e,  cwtd,  of  Vujifc, 
otwi'tw'  to  t>e,  t^tee  a+vo  i/rvaclvcivaetvt  ytatcb  j  tfla/t  tfveu-  a/te  afr. 
4.&U>ed  ptom/  a/U/  aU/ea/i/au<ee.  to  toe  «:/(5uti/:>M/  CV&UHI/,  atvd  tfutt  a£C 
jwuti/ea/t  co»uveoci/(w/  uetiu-ecn/  tlvem/,  a/ti/o  tk/e  ijta/te  (H>  ^Svea-t  «_wi/« 
uj/m/j  u>,  a»vo  o-iwj/tit  to  tie,  to-ta/twi/  Oi/>^&U>eo. 

Agreeable  to  the  order  of  the  day,  the  Congress  resolved  itself  into  a 
committee  of  the  whole ;  and,  after  some  time,  the  President  resumed 
the  chair,  and  Mr.  Harrison  reported,  that  the  committee  have  had  under 
consideration  the  declaration  to  them  referred ;  but,  not  having  had  time 
to  go  through  the  same,  desired  him  to  move  for  leave  to  sit  again. 

Resolved,  That  this  Congress  will,  to-morrow,  again  resolve  itself  into 
a  committee  of  the  whole,  to  take  into  their  further  consideration  the 
declaration  respecting  independence. 

WEDNESDAY,  JULY  3,  1776. 

Agreeable  to  the  order  of  the  day,  the  Congress  resolved  itself  into  a 
committee  of  the  whole,  to  take  into  their  farther  consideration  the  de- 
claration; and,  after  some  time,  the  President  resumed  the  chair,  and 
Mr.  Harrison  reported,  that  the  committee,  not  having  yet  gone  through 
it,  desired  leave  to  sit  again. 

Resolved,  That  this  Congress  will,  to-morrow,  again  resolve  itself  into 
a  committee  of  the  whole,  to  take  into  their  farther  consideration  the 
Declaration  of  Independence. 

THURSDAY,  JULY  4,  1776. 

Agreeably  to  the  order  of  the  day,  the  Congress  resolved  itself  into  a 
committee  of  the  whole,  to  take  into  their  farther  consideration  the 
Declaration ;  and  after  some  time  the  President  resumed  the  chair,  and 
Mr.  Harrison  reported  that  the  committee  had  agreed  to  a  declaration, 
which  they  desired  him  to  report. 

The  Declaration  being  read,  was  agreed  to  as  follows : 

A  Declaration  by  the  Representatives  of  the  United  Slates  of  Jlmenca, 

in  Congress  assembled. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for 
one  people  to  dissolve  the  political  bands  which  have  connected 


196 
t 

them  with  another,  and  to  assume,  among  the  powers  of  the  earth, 
the  separate  and  equal  station  to  which  the  laws  of  nature  and  of 
nature's  God  entitle  them,  a  decent  respect  to  the  opinions  of  man- 
kind requires  that  they  should  declare  the  causes  which  impel  thern 
to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able  rights ;  that  among  these,  are  life,  liberty,  and  the  pursuit  of 
happiness.  That,  to  secure  these  rights,  governments  are  insti- 
tuted among  men,  deriving  their  just  powers  from  the  consent  of 
the  governed  ;  that,  whenever  any  form  of  government  becomes  de- 
structive of  these  ends,  it  is  the  right  of  the  people  to  alter  or  to 
abolish  it,  and  to  institute  a  new  government,  laying  its  foundation 
on  such  principles,  and  organizing  its  powers  in  such  form,  as  to 
them  shall  seem  most  likely  to  effect  their  safety  and  happiness- 
Prudence,  indeed,  will  dictate  that  governments  long  established, 
should  not  be  changed  for  light  and  transient  causes ;  and,  accord 
ingly,  all  experience  hath  shown,  that  mankind  are  more  disposed 
to  suffer,  while  evils  are  sufferable,  than  to  right  themselves  by 
abolishing  the  forms  to  which  they  are  accustomed.  But,  when  a 
long  train  of  abuses  and  usurpations,  pursuing  invariably  the  same 
object,  evinces  a  design  to  reduce  them  under  absolute  despotism, 
it  is  their  right,  it  is  their  duty,  to  throw  off  such  government,  and 
to  provide  new  guards  for  their  future  security.  Such  has  been 
the  patient  sufferance  of  these  colonies,  and  such  is  now  the  neces- 
sity which  constrains  them  to  alter  their  former  systems  of  govern- 
ment; The  history  of  the  present  king  of  Great  Britain  is  a  his- 
tory of  repeated  injuries  and  usurpations,  all  having,  in  direct 
object,  the  establishment  of  an  absolute  tyranny  over  these  States. 
To  prove  this,  let  facts  be  submitted  to  a  candid  world  : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
assent  should  be  obtained;  and,  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 


197 

He  has  refused  to  pass  other  laws  for  the  accommodation  of 
large  districts  of  people,  unless  those  people  would  relinquish  the 
right  of  representation  in  the  legislature ;  a  right  inestimable  to 
them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  un- 
comfortable, and  distant  from  the  depository  of  their  public  records, 
for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his 
measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exercise ; 
the  State  remaining,  in  the  mean  time,  exposed  to  all  the  danger 
of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States ;  for 
that  purpose,  obstructing  the  laws  for  naturalization  of  foreigners ; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and 
raising  the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
stance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  with- 
out the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and  supe- 
rior to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitution,  and  unacknowledged  by  our  laws ; 
giving  his  assent  to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us: 

For  protecting  them,  by  a  mock  trial,  from  punishment,  for  any 


198 

murders  which  they  should  commit  on  the  inhabitants  of  these 
States : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent: 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury: 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  of 
fences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  enlarg- 
ing its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  in- 
strument for  introducing  the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering,  fundamentally,  the  powers  of  our  governments  : 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mer- 
cenaries to  complete  the  works  of  death,  desolation,  and  tyranny, 
already  begun,  with  circumstances  of  cruelty  and  perfidy  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers,  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction,  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for 
redress,  in  the  most  humble  terms ;  our  repeated  petitions  have 
been  answered  only  by  repeated  injury.  A  prince,  whose  character 
is  thus  marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to 
be  the  ruler  of  a  free  people. 


199 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attempts  made  by 
their  legislature  to  extend  an  unwarrantable  jurisdiction  over  us. 
We  have  reminded  them  of  the  circumstances  of  our  emigration 
and  settlement  here.  We  have  appealed  to  their  native  justice  and 
magnanimity,  and  we  have  conjured  them,  by  the  ties  of  our  com- 
mon kindred,  to  disavow  these  usurpations,  which  would  inevitably 
interrupt  our  connections  and  correspondence.  They,  too,  have 
been  deaf  to  the  voice  of  justice  and  consanguinity.  We  must, 
therefore,  acquiesce  in  the  necessity,  which  denounces  our  separa- 
tion, and  hold  them,  as  we  hold  the  rest  of  mankind,  enemies  in 
war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  UNITED  STATES 
OF  AMERICA,  in  GENERAL  CONGRESS  assembled,  appeal- 
ing to  the  Supreme  Judge  of  the  World  for  the  rectitude  of  our  in- 
tentions, do,  in  the  name,  and  by  the  authority  of  the  good  people 
of  these  colonies,  solemnly  publish  and  declare,  That  these  United 
Colonies  are,  and  of  right  ought  to  be,  Jfne  zntj  JtuDepenoent 
States ;  that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connexion  between  them  and  the  state 
of  Great  Britain,  is,  and  ought  to  be,  totally  dissolved  ;  and  that,  as 
FREE  AND  INDEPENDENT  STATES,  they  have  full  power 
to  levy  war,  conclude  peace,  contract  alliances,  establish  commerce, 
and  to  do  all  other  acts  and  things  which  INDEPENDENT 
STATES  may  of  right  do.  And,  for  the  support  of  this  declara- 
tion, with  a  firm  reliance  on  the  protection  of  3M¥J£N'la  ^irKJD* 
17£3322;\T<£35,  we  mutually  pledge  to  each  other,  our  lives,  our 
fortunes,  and  our  sacred  honor. 

The  foregoing  declaration  was,  by  order  of  Congress,  engrossed, 
and  signed  by  the  following  members : 

JOHN  HANCOCK. 

New  Hampshire.  Massachusetts  Bay. 

Josiah  Bartlett,  Samuel  Adams, 

William  Whipple,  John  Adams, 

Matthew  Thornton.  Robert  Treat  Paine, 

Elbridge  Gerry. 


200 


Rhode  Island. 
Stephen  Hopkins, 
William  Ellery. 

Connecticut. 
Roger  Sherman, 
Samuel  Huntington, 
William  Williams, 
Oliver  WolcotC 

New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 
Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 


Delaware. 
Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

Maryland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,of  Carroll  ton 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  jun. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  jun. 
Thomas  Lynch,  jun. 
Arthur  Middleton. 

Georgia. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


Resolved,  That  copies  of  the  Declaration  be  sent  to  the  several 
assemblies,  conventions,  and  committees,  or  councils  of  safely,  and 
to  the  several  commanding  officers  of  the  continental  troops ;  that 
it  be  proclaimed  in  each  of  the  United  States,  and  at  the  head 
the  army. 


201 


CHAPTER  4. 

PROMINENT  POLITICAL  ACTS  OF 

GEORGE    WASHINGTON. 

Appointment  of  George  Washington  to  be  commander-in-chief  of 
the  army,  by  the  Congress  of  the  Confederation,  on  the  15th 

June,  1775. 

THURSDAY,  JUNE  15,  1775. 

Agreeable  to  order,  the  Congress  resolved  itself  into  a  Committee  of 
the  Whole,  and,  after  some  time,  the  President  resumed  the  chair,  and 
Mr.  Ward  reported  that  the  committee  had  come  to  some  farther  resolu- 
tions, which  he  was  ordered  to  report. 

The  report  of  the  committee  being  read  and  considered, 

Resolved,  That  a  general  be  appointed  to  command  all  the  Continental 
forces  raised,  or  to  be  raised,  for  the  defence  of  American  liberty. 

That  five  hundred  dollars  per  month  be  allowed  for  the  pay  and  ex- 
penses of  the  general. 

The  Congress  then  proceeded  to  the  choice  of  a  general,  by  ballot,  and 
George  Washington,  esq.,  was  unanimously  elected. 

FRIDAY,  JUNE  16,  1775. 

Met  according  to  adjournment.  [The  Delegates  from  the  Colonies  of 
New  Hampshire,  Massachusetts  Bay,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware  counties,  Maryland,  Virginia,  Noith 
Carolina,  and  South  Carolina,  being  present.] 

The  President  informed  Colonel  Washington  that  the  Congress  had 
yesterday  unanimously  made  choice  of  him  to  be  general  and  com- 
mander-in-chief of  the  American  forces,  and  requested  he  would  accept 
of  that  employment ;  to  which  Colonel  Washington,  standing  in  hia 
place,  answered: 

"  MR.  PRESIDENT  : 

"  Though  I  am  truly  sensible  of  the  high  honor  done  me,  in  this  ap- 
pointment, yet  I  feel  great  distress,  from  consciousness  that  my  abilities 
and  military  experience  may  not  be  equal  to  the  extensive  and  important 
trust*  However,  as  the  Congress  desire  it,  I  will  enter  upon  the  mo- 

21 


202 

mentous  duty,  and  exert  every  power  I  possess  in  tneir  service,  and  for 
support  of  the  glorious  cause.  I  beg  they  will  accept  my  most  cordial 
thanks  for  this  distinguished  testimony  of  their  approbation. 

"But,  lest  some  unlucky  event  should  happen,  unfavorable  to  my 
reputation,  I  beg  it  may  be  remembered,  by  every  gentleman  in  the 
room,  that  I,  this  day,  declare  with  the  utmost  sincerity,  I  do  not  think 
myself  equal  to  the  command  I  am  honored  with. 

"  As  to  pay,  sir,  I  beg  leave  to  assure  the  Congress,  that,  as  no  pe- 
cuniary consideration  could  have  tempted  me  to  accept  this  arduous 
employment,  at  the  expense  of  my  domestic  ease  and  happiness,  I  do 
not  wish  to  make  any  profit  from  it.  I  will  keep  an  exact  account  of  my 
expenses.  Those,  I  doubt  not,  they  will  discharge,  and  that  is  all  I 
desire." 

Resolved,  That  a  committee  be  appointed  to  draught  a  commission  and 
instructions  for  the  general. 

The  persons  chosen  to  compose  the  committee,  were  Mr.  Lee,  Mr.  E. 
Rutledge,  and  Mr.  J.  Adams. 

SATURDAY,  JUNE  17,  1775. 
Met  according  to  adjournment. 

The  committee  appointed  to  draught  a  commission  to  the  general  re- 
ported the  same,  which,  being  read  by  paragraphs  and  debated,  waa 
agreed  to  as  follows : 

IN  CONGRESS. 

The  delegates  of  the  United  Colonies  of  New  Hampshire,  Massachu- 
setts Bay,  Rhode  Island,  Connecticut,  New  York,  New  Jersey, 
Pennsylvania,  the  counties  of  Newcastle,  Kent,  and  Sussex,  on  Dela- 
ware, Maryland,  Virginia,  North  Carolina,  and  South  Carolina: 

To  GEORGE  WASHINGTON,  ESQ. 

We,  reposing  special  trust  and  confidence  in  your  patriotism,  valor, 
conduct,  and  fidelity,  do,  by  these  presents,  constitute  and  appoint  you 
to  be  general  and  commander-in-chief  of  the  army  of  the  United  Colo- 
nies, and  of  all  the  forces  now  raised,  or  to  be  raised  by  them,  and  of  all 
others  who  shall  voluntarily  offer  their  service,  and  join  the  said  army  for 
the  defence  of  American  liberty,  and  for  repelling  every  hostile  invasion 
thereof:  And  you  are  hereby  vested  with  full  power  and  authority  to 
act  as  you  shall  think  for  the  good  arid  welfare  of  the  service. 

And  we  do  hereby  strictly  charge  and  require  all  officers  and  soldiers, 
nnder  your  command,  to  be  obedient  to  your  orders,  and  diligent  in  the 
exercise  of  their  several  duties. 


203 

And  we  do  also  enjoin  and  require  you,  to  be  careful  in  executing  the 
great  trust  reposed  in  you,  by  causing  strict  discipline  and  order  to  be 
observed  in  the  army,  and  that  the  soldiers  be  duly  exercised,  and  pro- 
vided with  all  convenient  necessaries. 

And  you  are  to  regulate  your  conduct  in  every  respect  by  the  rules 
and  discipline  of  war,  (as  herewith  given  you,)  and  punctually  to  observe 
and  follow  such  orders  and  directions,  from  time  to  time,  as  you  shall 
receive  from  this,  or  a  future  Congress  of  these  United  Colonies,  or 
committee  of  Congress. 

This  commission  to  continue  in  force  until  revoked  by  this,  or  a  future 
Congress. 

By  order  of  the  Congress, 

Ordered,  That  the  same  be  fairly  transcribed,  signed  by  the  President, 
attested  by  the  secretary,  and  delivered  to  the  general. 

Resolved  unanimously,  Whereas,  the  delegates  of  all  the  Colonies, 
from  Nova  Scotia  to  Georgia,  in  Congress  assembled,  have  unanimously 
chosen  George  Washington,  esq.,  to  be  general  and  commander-in- chief 
of  such  forces  as  are,  or  shall  be,  raised  for  the  maintenance  and  pre- 
servation of  American  liberty ;  this  Congress  doth  now  declare,  that  they 
will  maintain  and  assist  him,  and  adhere  to  him,  the  said  George  Wash- 
ington, with  their  lives  and  fortunes  in  the  same  cause. 

Address  of  the  President  of  Congress  to  George  Washington, 
and  his  reply,  26th  August,  1783 : 

MONDAY,  AUGUST  25,  1783. 

Congress  being  informed  of  the  arrival  of  the  commander-in-chief  in 
the  neighborhood  of  Princeton : 

Ordered,  That  he  have  an  audience  in  Congress  to-morrow  at  twelve 
o'clock.  • 

TUESDAY,  AUGUST  26,  1783. 

According  to  order,  General  Washington  attended,  and  being  intro- 
duced by  two  members,  the  President  addressed  him  as  follows : 

SIR  :  Congress  feel  particular  pleasure  in  seeing  your  excellency,  and 
in  congratulating  you  on  the  success  of  a  war,  in  which  you  tiave  acted 
so  conspicuous  a  part. 

It  has  been  the  singular  happiness  of  the  United  States,  that  during  a 
war  so  long,  so  dangerous,  and  so  important,  Providence  has  been  gra 
ciously  pleased  to  preserve  the  life  of  a  general,  who  has  merited  and 
possessed  the  uninterrupted  confidence  and  affection  of  his  fellow-citi- 
zens. In  other  nations  many  have  performed  services,  for  which  they 


204 

have  deserved  and  received  the  thanks  of  the  public.  But  to  you,  sir, 
peculiar  praise  is  due.  Your  services  have  been  essential  in  acquiring 
and  establishing  the  freedom  and  independence  of  your  country.  They 
deserve  the  grateful  acknowledgments  of  a  free  and  independent  nation. 
Those  acknowledgments  Congress  have  the  satisfaction  of  expressing  to 
your  excellency. 

Hostilities  have  now  ceased,  but  your  country  still  needs  your  ser- 
vices. She  wishes  to  avail  herself  of  your  talents  in  forming  the  arrange- 
ments which  will  be  necessary  for  her  in  the  time  of  peace.  For  this 
reason  your  attendance  at  Congress  has  been  requested.  A  committee 
is  appointed  to  confer  with  your  excellency,  and  to  receive  your  assist- 
ance in  preparing  and  digesting  plans  relative  to  those  important  ob- 
jects. 

To  which  his  excellency  made  the  following  reply : 

MR.  PRESIDENT  :  I  am  too  sensible  of  the  honorable  reception  I  have 
now  experienced,  not  to  be  penetrated  with  the  deepest  feelings  of  gra- 
titude. 

Notwithstanding  Congress  appear  to  estimate  the  value  of  my  life 
beyond  any  services  I  have  been  able  to  render  the  United  States,  yet  I 
must  be  permitted  to  consider  the  wisdom  and  unanimity  of  our  national 
councils,  the  firmness  of  our  citizens,  and  the  patience  and  bravery  of 
our  troops,  which  have  produced  so  happy  a  termination  of  the  war,  as 
the  most  conspicuous  effect  of  the  divine  interposition  and  the  surest 
presage  of  our  future  happiness. 

Highly  gratified  by  the  favorable  sentiments  which  Congress  are 
pleased  to  express  of  my  past  conduct,  and  amply  rewarded  by  the  con- 
fidence and  affection  of  my  fellow-citizens,  I  cannot  hesitate  to  contribute 
my  best  endeavors  towards  the  establishment  of  the  national  security  in 
whatever  manner  the  sovereign  power  may  think  proper  to  direct,  until 
the  ratification  of  the  definitive  treaty  of  peace,  or  the  final  evacuation 
of  our  country  by  the  British  forces ;  after  either  of  which  events,  1  shall 
ask  permission  to  retire  to  the  peaceful  shade  of  private  life. 

Perhaps,  sir,  no  occasion  may  ofler  more  suitable  than  the  present  to 
express  my  humble  thanks  to  God,  and  my  grateful  acknowledgments 
to  my  country,  for  the  great  and  uniform  support  I  have  received  in 
every  vicissitude  of  fortune,  and  for  the  many  distinguished  honors 
which  Congress  have  been  plrased  to  confer  upon  me  in  the  course  of 
the  war. 


205 

Resignation,  by  George  Washington,  of  the  office  of  commander 
in-chief,  to  Congress,  and  answer  of  the  President  of  Con- 
gress, 23d  December,  1783. 

SATURDAY,  DECEMBER  20,  1783. 

Congress  assembled :  Present,  New  Hampshire,  Massachusetts,  Rhode 
Island,  Pennsylvania,  Delaware,  Maryland,  Virginia,  North  Carolina, 
and  South  Carolina. 

A  letter,  of  this  day,  from  the  commander-in-chief,  was  read,  inform- 
ing Congress  of  his  arrival  in  this  city,  with  the  intention  of  asking 
leave  to  resign  the  commission  he  has  the  honor  of  holding  in  their  ser- 
vice, and  desiring  to  know  their  pleasure  in  what  manner  it  will  be  most 
proper  to  offer  his  resignation ;  whether  in  writing  or  at  an  audience. 
Whereupon, 

Resolved,  That  his  excellency,  the  commander-in-chief,  be  admitted 
to  a  public  audience,  on  Tuesday  next,  at  twelve  o'clock. 

Resolved,  That  a  public  entertainment  be  given  to  the  commander-in- 
chief  on  Monday  next. 

TUESDAY,  DECEMBER  23,  1783. 

Congress  assembled  :  Present  as  before. 

According  to  order,  his  excellency  the  commander-in-chief  was  ad- 
mitted to  a  public  audience,  and  being  seated,  the  President,  after  a 
pause,  informed  him,  that  the  United  States  in  Congress  assembled  were 
prepared  to  receive  his  communications :  Whereupon  he  arose,  and  ad- 
dressed as  follows : 


[To  revive  the  recollection  of  this  scene,  and  to  renew,  in  the  breasts  of 
the  American  people,  the  emotions  of  gratitude,  affection,  and  veneration, 
that  swelled  the  hearts  of  Statesmen,  Legislators,  Warriors,  and  other 
citizens,  on  that  ever-memorable  occasion,  much  care  has  been  taken  to 
bring  here  to  view  the  living  Washington  as  he  then  appeared  in  the 
Congress  Hall.  Fortunately,  the  affectionate  providence  of  his  native 
state  secured,  in  the  best  manner,  the  means  of  transmitting  the  sem- 
blance of  those  venerated  features  and  form  to  posterity.  The  marble 
statue  by  Houdon,  in  the  state-house  at  Richmond,  is  the  most  authentic 
likeness  of  George  Washington  extant ;  from  this  has  been  taken  all  that 
could  be  obtained  from  marble,  the  rest  has  been  derived  Irom  the  best 
paintings,  and  both  combined  by  the  artist  who  has  produced  this  copy. 

21* 


206 

The  sword  is  taken  from  the  original,  now  in  the  Patent  Office  at  Wash- 
ington. Washington  is  here  represented  in  the  manner  that  he  desired 
lo  be,  as  will  be  seen  by  the  following  memoranda  and  correspondence  : 

By  THB  LEGISLATURE  OF  VIRGINIA,  on  Tuesday,  the  22d  June,  1734,  it  was 
Resolved,  That  the  executive  be  requested  to  take  measures  for  procuring  a 
statue  of  General  Washington,  to  be  of  the  finest  marble  and  the  best  workman- 
ship, with  the  following  inscription  on  its  pedestal : 

THE   GENERAL   ASSEMBLY   OP  TUB  COMMONWEALTH   OF   VIRGINIA 

HAVE  CAUSED   THIS   STATUE  TO   BE  ERECTED 
AS  A   MONUMENT  OF   AFFECTION  AND   GRATITUDE  TO 

GEORGE  WASHINGTON; 

WHO, 

UNITING  TO   THE  ENDOWMENTS   OF   THE   HERO  TIIE   VIRTUES   OF  THE  PATRIOT, 

AND   EXERTIXG   BOTH   IN   ESTABLISHING   TIIE  LIBERTIES   OF   HIS   COUNTRY, 

HAS   RENDERED    HIS   NAME  DEAR  TO   HIS   FELLOW  CITIZENS, 

AND   GIVEN  THE  WORLD   AN   IMMORTAL  EXAMPLE 

OF    TRUE   GLORT. 

[Tradition  says  that  this  brief  but  noble  tribute  was  penned  by  James  Madison 
on  his  knee,  in  the  midst  of  the  legislature  of  Virginia,  of  which  he  was  then  a 
member.] 

Accordingly  Governor  Harrison  applied  to  Mr.  Jefferson  and  Dr.  Franklin,  then 
in  1'aris.  to  engage  a  statuary.  Mr.  Houdon  was  engaged,  and  came  to  America, 
in  17H5,  in  the  same  vessel  with  Dr.  Franklin.  He  took  from  Mr.  Jeflerson  a  let- 
ter lo  Washington,  from  which  the  following  is  an  extract: 

FROM  JEFFERSON   TO   WASHINGTON. 

"  Paris,  10  July,  1735 

"Mr.  Houdon  would  much  sooner  have  had  the  honor  of  attending  you,  but  for 
a  spell  of  sickness,  which  long  induced  us  to  despair  of  his  recovery,  and  from 
•which  he  is  but  recently  recovered.  He  comes  now.  for  the  purpose  of  lending 
the  aid  of  his  art  to  transmit  you  to  posterity.  He  is  without  rivalship  in  it,  being 
employed  from  all  parts  of  Europe  in  whatever  is  capital.  He  has  had  a  diffi- 
culty to  withdraw  himself  from  an  order  of  the  Empress  of  Russia ;  a  difficulty, 
however,  that  arose  from  a  desire  to  show  her  respect,  but  which  never  gave  him 
a  moment's  hesitation  about  his  present  voyage,  which  he  considers  as  promising 
the  brightest  chapter  of  his  history.  I  have  spoken  of  him  as  an  artist  only  ;  but 
I  can  assure  you  also,  that,  as  a  man,  he  is  disinterested,  generous,  candid,  and 
panting  for  glory:  in  every  circumstance  meriting  your  good  opinion.  He  will 
have  need  to  see  you  much  while  he  shall  have  the  honor  of  being  with  you; 
which  you  can  the  more  freely  admit,  as  his  eminence  and  merit  give  him  admis- 
»ion  into  genteel- societies  here." 

FROM   WASHINGTON  TO   HOVDON 

"  Mount  Vernon,  26  September,  1785. 

"Sm, — By  a  letter,  which  I  have  lately  had  the  honor  to  receive  from  Dr.  Frank- 
tin,  at  Philadelphia,  I  am  informed  of  your  arrival  at  that  place.  Many  letters 


207 

from  very  respectable  characters  in  France,  as  well  as  llie  Doctor's,  inform  me 
of  the  occasion;  for  which,  though  the  cause  is  not  of  my  seeking,  I  feel  the  most 
agreeable  and  grateful  sensations.  I  wish  the  object  of  your  mission  had  been 
more  worthy  ot  the  masterly  genius  of  the  first  statuary  in  Europe;  for  thus  you 
are  represented  to  me. 

"  It  will  give  me  pleasure,  sir,  to  welcome  you  to  this  seat  of  my  retirement ; 
and  whatever  I  have,  or  can  procure,  that  is  necessary  to  your  purposes,  or  con- 
venient and  agreeable  to  your  wishes,  you  must  freely  command,  as  inclination 
to  oblige  you  will  be  among  the  last  things  in  which  I  shall  be  found  deficient, 
either  on  your  arrival  or  during  your  stay. 

"With  sentiments  of  esteem,  I  am,  sir,"  &c. 

The  artist  reached  Mount  Vernon  on  the  3d  of  October,  where  he  spent  a  fort- 
night, devoted  to  the  purpose  of  his  visit. 

FROM  JEFFERSON   TO  WASHINGTON. 

"  Paris,  4  January,  1786. 

"I  have  been  honored  with  your  letter  of  September  the  26th,  which  was  d^- 
Avered  me  by  Mr.  Houilon,  who  is  safely  returned.  He  has  brought  with  him  the 
mould  of  the  face  only,  having  left  the  other  parts  of  his  work  with  his  workmi-,, 
to  come  by  some  other  conveyance.  Dr.  Franklin,  who  was  joined  with  me  it. 
the  superintendence  of  this  just  monument,  having  left  us  before  what  is  calle 
the  costume  of  the  statue  was  decided  on,  I  cannot  so  well  satisfy  myself,  and  I 
am  persuaded  I  should  not  so  well  satisfy  the  world,  as  by  consulting  your  own 
wish  or  inclination  as  to  this  article.  Permit  me.  therefore,  to  ask  you  whether 
there  is  any  particular  dress,  or  any  particular  attitude,  which  you  would  rather 
wish  to  be  adopted.  1  shall  take  a  singular  pleasure  in  having  your  own  idea 
executed,  if  you  will  be  so  good  as  to  make  it  known  to  me." 

FROM  WASHINGTON  TO   JEFFERSON. 

"  Mount  Vernon,  I  August,  1786. 

"  In  answer  to  your  obliging  inquiries  respecting  the  dress  and  attitude,  which 
I  would  wish  to  have  given  to  the  statue  in  question.  I  have  only  to  observe,  that, 
not  having  sufficient  knowledge  in  the  art  of  sculpture  to  oppose  my  judgment  to 
the  taste  of  connoisseurs,  I  do  not  desire  to  dictate  in  the  matter.  On  the  con- 
trary, I  shall  be  perfectly  satisfied  with  whatever  may  be  judged  decent  and 
proper.  I  should  even  scarcely  have  ventured  to  suggest,  that  perhaps  a  servile 
adherence  to  the  garb  of  antiquity  might  not  be  altogether  so  expedient,  as  some 
little  deviation  in  favor  of  the  modern  costume,  if  1  had  not  learnt  from  Colonel 
Humphreys,  that  this  was  a  circumstance  hinted  in  conversation  by  Mr.  West  to 
Mr.  Hpudon.  The  taste,  which  has  been  introduced  in  painting  by  West,  I  under- 
stand is  received  with  applause,  and  prevails  extensively." 

FEOM    JEFFERSON   TO  WASHINGTON. 

"  Parit.  14  August,  17S7. 

"I  was  hnppy  to  find,  by  the  letter  of  August  1st,  1766,  which  you  did  me  the 
honor  to  write  to  me,  that  the  modern  dress  for  your  statue  u-ould  meet  your  approba- 
tion. I  found  it  strongly  the  sentiment  of  West,  Copley,  Trumbull,  and  Brown,  in 
London ;  after  \\  hich  it  would  be  ridiculous  to  add,  that  it  was  my  own." 

This  work,  therefore,  purports  to  be  nn  exact  portrait  statue  of  Washington, — 
an  authentic  historical  monument. — the  costume  being  that  in  which  he  was  accus- 
tomed to  appear  as  Commander-in-chief.  No  other  statue  was  ever  made  from  his 
person.  This  was  modelled  about  two  years  after  the  close  of  his  military  career, 
in  the  fifty-fourth  year  of  his  age,  a  circumstance  to  be  borne  in  mind  in  compar- 
ing it  with  later  portraits.  How  well,  in  point  of  resemblance,  it  satisfied  his 
contemporaries  and  associates,  may  be  judged  from  the  strong  declaration  of 
Judge  Marshall  to  the  person  (jared  Sparks)  to  whom  the  world  is  indebted  for 
the  erection  of  Washington's  literary  monument. — that,  to  a  spectator  standing  on 
the  right  hand  of  the  statue,  and  taking  a  half-front  view,  "  it  represented  the 
original  as  perfectly  as  a  living  man  could  be  represented  in  marble."] 


208 

MR.  PRESIDENT  :  The  great  events  on  which  my  re- 
signation depended  having  at  length  taken  place,  I  have 
now  the  honor  of  offering  my  sincere  congratulations  to 
Congress,  and  of  presenting  myself  before  them,  to  sur- 
render into  their  hands  the  trust  committed  to  me,  and  to 
claim  the  indulgence  of  retiring  from  the  service  of  my 
country. 

Happy  in  the  confirmation  of  our  independence  and 
sovereignty,  and  pleased  with  the  opportunity  afforded 
the  United  States  of  becoming  a  respectable  nation,  I 
resign  with  satisfaction  the  appointment  I  accepted  with 
diffidence ;  a  diffidence  in  my  abilities  to  accomplish  so 
arduous  a  task ;  which  however  was  superseded  by  a  con- 
fidence in  the  rectitude  of  our  cause,  the  support  of  the 
supreme  power  of  the  Union,  and  the  patronage  of  Heaven. 

The  successful  termination  of  the  war  has  verified  the 
most  sanguine  expectations ;  and  my  gratitude  for  the 
interposition  of  Providence,  and  the  assistance  I  have  re- 
ceived from  my  countrymen,  increases  with  every  review 
of  the  momentous  contest. 

While  I  repeat  my  obligations  to  the  army  in  general, 
I  should  do  injustice  to  my  owTn  feelings  not  to  acknow- 
ledge, in  this  place,  the  peculiar  services  and  distinguished 
merits  of  the  gentlemen  who  have  been  attached  to  my 
person  during  the  war.  It  was  impossible  the  choice 
of  confidential  officers  to  compose  my  family  should  have 
been  more  fortunate.  Permit  me,  sir,  to  recommend,  in 
particular,  those  who  have  continued  in  the  service  to  the 
present  moment,  as  worthy  of  the  favorable  notice  and 
patronage  of  Congress. 

]  consider  it  an  indispensable  duty  to  close  this  last 
act  of  my  official  life  by  commending  the  interests  of  our 
dearest  country  to  the  protection  of  Almighty  God,  and 


209 

those  who  have  the  superintendence  of  them  to  his  holy 
keeping. 

Having  now  finished  the  work  assigned  me,  I  retire 
from  the  great  theatre  of  action,  and  bidding  an  affec- 
tionate farewell  to  this  august  body,  under  whose  orders 
I  have  so  long  acted,  I  here  offer  my  commission,  and 
take  my  leave  of  all  the  employments  of  public  life. 

He  then  advanced  and  delivered  to  the  President  his  commission,  with 
a  copy  of  his  address,  and  having  resumed  his  place,  the  President 
(THOMAS  MIFFLIN)  returned  him  the  following  answer : 

SIR  :  The  United  States  in  Congress  assembled  receive,  with  emo- 
tions too  affecting  for  utterance,  the  solemn  resignation  of  the  authorities 
under  which  you  have  led  their  troops  with  success  through  a  perilous 
and  doubtful  war.  Called  upon  by  your  country  to  defend  its  invaded 
rights,  you  accepted  the  sacred  charge,  before  it  had  formed  alliances, 
and  whilst  it  was  without  funds  or  a  government  to  support  you.  You 
have  conducted  the  great  military  contest  with  wisdom  and  fortitude, 
invariably  regarding  the  rights  of  the  civil  power  through  all  disasters 
and  changes.  You  have,  by  the  love  and  confidence  of  your  fellow- 
citizens,  enabled  them  to  display  their  martial  genius,  and  transmit  their 
fame  to  posterity.  You  have  persevered  till  these  United  States,  aided 
by  a  magnanimous  king  and  nation,  have  been  enabled,  under  a  just 
Providence,  to  close  the  war  in  freedom,  safety,  and  independence ;  on 
which  happy  event  we  sincerely  join  you  in  congratulations. 

Having  defended  the  standard  of  liberty  in  this  new  world ;  having 
taught  a  lesson  useful  to  those  who  inflict  and  to  those  who  feel  oppres- 
sion, you  retire  from  the  great  theatre  of  action,  with  the  blessings  of 
your  fellow-citizens ;  but  the  glory  of  your  virtues  will  not  terminate 
with  your  military  command ;  it  will  continue  to  animate  remotest  ages. 

We  feel  with  you  our  obligations  to  the  army  in  general,  and  will 
particularly  charge  ourselves  with  the  interests  of  those  confidential 
officers,  who  have  attended  your  person  to  this  affecting  moment. 

We  join  you  in  commending  the  interests  of  our  dearest  country  to 
the  protection  of  Almighty  God,  beseeching  him  to  dispose  the  hearts 
and  minds  of  its  citizens  to  improve  the  opportunity  afforded  them  of 
becoming  a  happy  and  respectable  nation.  And  for  you  we  address  to 
him  our  earnest  prayers,  that  a  life  so  beloved  may  be  fostered  with  all 
his  care  ;  that  your  days  may  be  happy  as  they  have  been  illustrious ; 
and  that  he  will  finally  give  you  that  reward  which  this  world  cannot  pjve 


210 

ELECTION  OF  GEORGE  WASHINGTON  AS  PRESIDENT 
OF  THE  UNITED  STATES,  AND  HIS  INAUGURAL  AD- 
DRESS. 

MONDAY,  APRIL  6,  1789. 

The  President  of  the  Senate,  elected  for  the  purpose  of  counting 
the  votes,  declared  to  the  Senate,  that  the  Senate  and  House  of 
Representatives  had  met,  and  that  he,  in  their  presence,  had  opened 
and  counted  the  votes  of  the  Electors  for  President  and  Vice  Pre- 
sident of  the  United  States ;  whereby  it  appears  that 

GEORGE  WASHINGTON  was  unanimously  elected  President. 

Whereupon  the  following  certificate  and  letter,  prepared  by  a 
committee,  consisting  of  Messrs.  Paterson,  Johnson,  Lee,  and 
Ellsworth,  were  adopted  by  the  Senate,  and  signed  by  their  Pre- 
sident. 

Be  it  known,  That  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  being  convened  in  the  city  and  State  of  New 
York,  the  sixth  day  of  April,  in  the  Year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-nine,  the  underwritten,  appointed  President  of  the 
Senate,  for  the  sole  purpose  of  receiving,  opening,  and  counting  the 
votes  of  the  Electors,  did,  in  the  presence  of  the  said  Senate  and  House 
of  Representatives,  open  all  the  certificates,  and  count  all  the  votes  of 
the  Electors  for  a  President  and  for  a  Vice  President ;  by  which  it  ap- 
pears that  GEORGE  WASHINGTON,  esq.,  was  unanimously  elected, 
agreeably  to  the  Constitution,  to  the  office  of  President  of  the  United 
States  of  America. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal. 

JOHN  LANGDON. 

NEW  YORK,  April  6,  1789. 

SIR  :  I  have  the  honor  to  transmit  to  your  Excellency  the  information 
of  your  unanimous  election  to  the  office  of  President  of  the  United  States 
of  America.  Suffer  me,  sir,  to  indulge  the  hope,  that  so  auspicious  a 
mark  of  public  confidence  will  meet  your  approbation,  and  be  considered 
as  a  sure  pledge  of  the  affection  and  support  you  are  to  expect  from  a 
tree  and  enlightened  people. 

I  am,  sir,  with  sentiments  of  respect,  your  obedient  humble  servant, 

JOHN  LANGDON. 
To  his  Ex'cy  GEORGE  WASHINGTON,  esq. 


211 


THURSDAY,  APIUL  30,  1789. 

The  oath  of  office  having  heen  administered  by  the  Chancellor 
of  the  State  of  New  York,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  to  George  Washington,  President  of  the 
United  States,  he  then  made  the  following  Inaugural  address : 

Fellow-Citizens  of  the  Senate,  and 

of  the  House  of  Representatives: 

Among  the  vicissitudes  incident  to  life,  no  event  could  have  filled 
me  with  greater  anxieties  than  that  of  which  the  notification  was 
transmitted  by  your  order,  and  received  on  the  14th  day  of  the  pre- 
sent month.  On  the  one  hand,  I  was  summoned  by  my  country, 
whose  voice  I  can  never  hear  but  with  veneration  and  love,  from  a 
retreat  which  I  had  chosen  with  the  fondest  predilection,  and,  in 
my  flattering  hopes,  with  an  immutable  decision,  as  the  asylum  of 
my  declining  years ;  a  retreat  which  was  rendered  every  day  more 
necessary,  as  well  as  more  dear  to  me,  by  the  addition  of  habit  to 
inclination,  and  of  frequent  interruptions  in  my  health,  to  the  gra- 
dual waste  committed  on  it  by  time.  On  the  other  hand,  the  mag- 
nitude and  difficulty  of  the  trust  to  which  the  voice  of  my  country 
called  me,  being  sufficient  to  awaken  in  the  wisest  and  most  expe- 
rienced of  her  citizens  a  distrustful  scrutiny  into  his  qualifications, 
could  not  but  overwhelm  with  despondence  one,  who,  inheriting 
inferior  endowments  from  nature,  and  unpractised  in  the  duties  of 
civil  administration,  ought  to  be  peculiarly  conscious  of  his  own 
deficiencies.  In  this  conflict  of  emotions,  all  I  dare  aver,  is,  that 
it  has  been  ray  faithful  study  to  collect  my  duty  from  a  just  appre- 
ciation of  every  circumstance  by  which  it  might  be  affected.  All 
I  dare  hope,  is,  that  if,  in  executing  this  task,  I  have  been  too 
much  swayed  by  a  grateful  remembrance  of  former  instances,  or 
by  an  affectionate  sensibility  to  this  transcendent  proof  of  the  con- 
fidence of  my  fellow-citizens,  and  have  thence  too  little  consulted 
my  incapacity  as  well  as  disinclination  for  the  weighty  and  untried 
cares  before  me,  my  error  will  be  palliated  by  the  motives  which 
misled  me,  and  its  consequences  be  judged  by  my  country,  with 
some  share  of  the  partiality  in  which  they  originated. 


212 

Such  being  the  impressions  under  which  I  have,  in  obedience  to 
the  public  summons,  repaired  to  the  present  station,  it  would  be 
peculiarly  improper  to  omit,  in  this  first  official  act,  my  fervent  sup- 
plications to  that  Almighty  Being  who  rules  over  the  universe — 
who  presides  in  the  councils  of  nations — and  whose  providential 
aids  can  supply  every  human  defect,  that  his  benediction  may  con- 
secrate to  the  liberties  and  happiness  of  the  people  of  the  United 
States,  a  government  instituted  by  themselves,  for  these  essential 
purposes  :  and  may  enable  every  instrument  employed  in  its  admin- 
istration to  execute  with  success  the  functions  allotted  to  his  charge. 
In  tendering  this  homage  to  the  Great  Author  of  every  public  and 
private  good,  I  assure  myself  that  it  expresses  your  sentiments  not 
less  than  my  own ;  nor  those  of  my  fellow-citizens  at  large,  less 
than  either.  No  people  can  be  bound  to  acknowledge  and  adore 
the  invisible  hand  which  conducts  the  affairs  of  men,  more  than 
the  people  of  the  United  States.  Every  step  by  which  they  have 
advanced  to  the  character  of  an  independent  nation,  seems  to  have 
been  distinguished  by  some  token  of  providential  agency  ;  and  in 
the  important  revolution  just  accomplished  in  the  system  of  their 
united  government,  the  tranquil  deliberations,  and  voluntary  con- 
sent of  so  many  distinct  communities,  from  which  the  event  has 
resulted,  cannot  be  compared  with  the  means  by  which  most  go- 
vernments have  been  established,  without  some  return  of  pious 
gratitude,  along  with  an  humble  anticipation  of  the  future  blessings 
which  the  past  seem  to  presage.  These  reflections,  arising  out  of 
the  present  crisis,  have  forced  themselves  too  strongly  on  my  mind 
to  be  suppressed.  You  will  join  with  me,  I  trust,  in  thinking  that 
there  are  none,  under  the  influence  of  which  the  proceedings  of  a 
new  and  free  government  can  more  auspiciously  commence. 

By  the  article  establishing  the  executive  department,  it  is  made 
the  duty  of  the  President  "  to  recommend  to  your  -consideration 
such  measures  as  he  shall  judge  necessary  and  expedient."  The 
circumstances  under  which  I  now  meet  you  will  acquit  me  from 
entering  into  that  subject,  farther  than  to  refer  to  the  great  consti- 
tutional charter  under  which  you  are  assembled;  and  which,  in  de- 
fining your  powers,  designates  the  objects  to  which  your  attention 
is  to  be  given.  It  will  be  more  consistent  with  those  circumstances, 


213 

and  far  more  congenial  with  the  feelings  which  a;tuate  me,  to  sub- 
stitute, in  place  of  a  recommendation  of  particular  measures,  the 
tribute  that,  is  due  to  the  talents,  the  rectitude,  and  the  patriotism, 
which  adorn  the  characters  selected  to  devise  and  adopt  them.  In 
these  honourable  qualifications  I  behold  the  surest  pledges  that,  as 
on  one  side,  no  local  prejudices  or  attachments,  no  separate  views, 
nor  party  animosities,  will  misdirect  the  comprehensive  and  equal 
eye  which  ought  to  watch  over  this  great  assemblage  of  communi- 
ties and  interests ;  so,  on  another,  that  the  foundations  of  our  na- 
tional policy  will  he  laid  in  the  pure  and  immutable  principles  of 
private  morality ;  and  the  pre-eminence  of  free  government  be  ex- 
emplified by  all  the  attributes  which  can  win  the  affections  of  its 
citizens,  and  command  the  respect  of  the  world.  I  dwell  on  this 
prospect  with  every  satisfaction  which  an  ardent  love  for  my  coun- 
try can  inspire  :  since  there  is  no  truth  more  thoroughly  established, 
than  that  there  exists  in  the  economy  and  course  of  nature  an  indis- 
soluble union  between  virtue  and  happiness — between  duty  and 
advantage — between  the  genuine  maxims  of  an  honest  and  magna- 
nimous policy,  and  the  solid  rewards  of  public  prosperity  and  feli- 
city ;  since  we  ought  to  be  no  less  persuaded  that  the  propitious 
smiles  of  Heaven  can  never  be  expected  on  a  nation  that  disregards 
the  eternal  rules  of  order  and  right,  which  Heaven  itself  has  or- 
dained ;  and  since  the  preservation  of  the  sacred  fire  of  liberty,  and 
the  destiny  of  the  republican  model  of  government,  are  justly  con- 
sidered as  deeply,  perhaps  as  finally,  staked,  on  the  experiment  en- 
trusted to  the  hands  of  the  American  people. 

Besides  the  ordinary  objects  submitted  to  your  care,  it  will  re- 
main with  your  judgment  to  decide,  how  far  an  exercise  of  the 
occasional  power  delegated  by  the  fifth  article  of  the  Constitution 
is  rendered  expedient  at  the  present  juncture,  by  the  nature  of  ob- 
jections which  have  been  urged  against  the  system,  or  by  the 
degree  of  inquietude  which  has  given  birth  to  them.  Instead  of 
undertaking  particular  recommendations  on  this  subject,  in  which 
I  could  be  guided  by  no  lights  derived  from  official  opportunities, 
I  shall  again  give  way  to  my  entire  confidence  in  your  discernment 
and  pursuit  of  the  public  good ;  for,  I  assure  myself,  that  whilst 
you  carefully  avoid  every  alteration  which  might  endanger  the 

22 


oenefits  of  an  united  and  effective  government,  or  which  ought  to 
await  the  future  lessons  of  experience,  a  reverence  for  the  charac- 
teristic rights  of  freemen,  and  a  regard  for  the  public  harmony, 
will  sufficiently  influence  your  deliberations  on  the  question,  how 
far  the  former  can  be  more  impregnably  fortified,  or  the  latter  be 
safely  and  advantageously  promoted. 

To  the  preceding  observations  I  have  one  to  add,  Avhich  will  be 
most  properly  addressed  to  the  House  of  Representatives.  It  con- 
cerns myself,  and  will,  therefore,  be  as  brief  as  possible.  When  I 
was  first  honored  with  a  call  into  the  service  of  my  country,  then 
on  the  eve  of  an  arduous  struggle  for  its  liberties,  the  light  in  which 
I  contemplated  my  duty,  required  that  I  should  renounce  every 
pecuniary  compensation.  From  this  resolution  I  have  in  no  in- 
stance departed ;  and  being  still  under  the  impressions  which  pro- 
duced it,  I  must  decline,  as  inapplicable  to  myself,  any  share  in  the 
personal  emoluments  which  may  be  indispensably  included  in  a 
permanent  provision  for  the  executive  department;  and  must  ac- 
cordingly pray  that  the  pecuniary  estimates  for  the  station  in  which 
I  am  placed,  may,  during  my  continuance  in  it,  be  limited  to  such 
actual  expenditures  as  the  public  good  may  be  thought  to  require. 

Having  thus  imparted  to  you  my  sentiments,  as  they  have  been 
awakened  by  the  occasion  which  brings  us  together,  I  shall  take 
my  present  leave ;  but  not  without  resorting  once  more  to  the  benign 
Parent  of  the  human  race,  in  humble  supplication,  that,  since  he 
has  been  pleased  to  favor  the  American  people  with  opportunities 
for  deliberating  in  perfect  tranquillity,  and  dispositions  for  decid- 
ing, with  unparalleled  unanimity,  on  a  form  of  government  for  the 
security  of  their  Union,  and  the  advancement  of  their  happiness, 
so  his  Divine  blessing  may  be  equally  conspicuous  in  the  enlarged 
views,  the  temperate  consultations,  and  the  wise  measures,  on 
which  the  succecs  of  this  government  must  depend. 

G.  WASHINGTON. 

APRIL  30,  1789. 


215 


FAREWELL  ADDRESS  OF  GEORGE  WASHINGTON,  PRE 
SIDENT,  TO  THE  PEOPLE  OF  THE  UNITED  STATES, 
SEPTEMBER  17,  1796. 

Friends  and  Fellow-citizens  .• 

The  period  for  a  new  election  of  a  citizen  to  administer  the  Ex- 
ecutive Government  of  the  United  States  being  not  far  distant,  and 
the  time  actually  arrived  when  your  thoughts  must  he  employed  in 
designating  the  person  who  is  to  be  clothed  with  that  important 
trust,  it  appears  to  me  proper,  especially  as  it  may  conduce  to  a 
more  distinct  expression  of  the  public  voice,  that  I  should  now  ap- 
prize you  of  the  resolution  I  have  formed,  to  decline  being  con- 
sidered among  the  number  of  those  out  of  whom  a  choice  is  to  be 
made. 

I  beg  you,  at  the  same  time,  to  do  me  the  justice  to  be  assured 
that  this  resolution  has  not  been  taken  without  a  strict  regard  to  all 
the  considerations  appertaining  to  the  relation  which  binds  a  dutiful 
citizen  to  his  country ;  and  that,  in  withdrawing  the  tender  of  ser- 
vice, which  silence,  in  my  situation,  might  imply,  I  am  influenced 
by  no  diminution  of  zeal  for  your  future  interest;  no  deficiency  of 
grateful  respect  for  your  past  kindness  ;  but  am  supported  by  a  full 
conviction  that  the  step  is  compatible  with  both. 

The  acceptance  of,  and  continuance  hitherto  in,  the  office  to 
which  your  suffrages  have  twice  called  me,  have  been  a  uniform 
sacrifice  of  inclination  to  the  opinion  of  duty,  and  to  a  deference 
for  what  appeared  to  be  your  desire.  I  constantly  hoped  that  it 
would  have  been  much  earlier  in  my  power,  consistently  with  mo- 
tives which  I  was  not  at  liberty  to  disregard,  to  return  to  that  re- 
tirement from  which  I  had  been  reluctantly  drawn.  The  strength 
of  my  inclination  to  do  this,  previous  to  the  last  election,  had  even 
led  to  the  preparation  of  an  address  to  declare  it  to  you;  but  mature 
reflection  on  the  then  perplexed  and  critical  posture  of  our  affairs 
with  foreign  nations,  and  the  unanimous  advice  of  persons  entitled 
to  my  confidence,  impelled  me  to  abandon  the  idea. 

1  rejoice  that  the  state  of  your  concerns,  external  as  well  as  in- 


216 

ternal,  no  longer  renders  the  pursuit  of  inclination  incompatible 
with  the  sentiment  of  duty  or  propriety  ;  and  am  persuaded,  what- 
ever partiality  may  be  retained  for  my  services,  that,  in  the  present 
circumstances  of  our  country,  you  will  not  disapprove  my  determi- 
nation to  retire. 

The  impressions  with  which  I  first  undertook  the  arduous  trust 
were  explained  on  the  proper  occasion.  In  the  discharge  of  this 
trust,  I  will  only  say,  that  I  have  with  good  intentions  contributed 
towards  the  organization  and  administration  of  the  Government 
the  best  exertions  of  which  a  very  fallible  judgment  was  capable. 
Not  unconscious  in  the  outset  of  the  inferiority  of  my  qualifica- 
tions, experience,  in  my  own  eyes — perhaps  still  more  in  the  eyes 
of  others — has  strengthened  the  motives  to  diffidence  of  myself; 
and  every  day  the  increasing  weight  of  years  admonishes  me, 
more  and  more,  that  the  shade  of  retirement  is  as  necessary  to  me 
as  it  will  be  welcome.  Satisfied  that  if  any  circumstances  have 
given  peculiar  value  to  my  services,  they  were  temporary,  I  have 
the  consolation  to  believe  that,  while  choice  and  prudence  invite 
me  to  quit  the  political  scene,  patriotism  does  not  forbid  it. 

In  looking  forward  to  the  moment  which  is  intended  to  terminate 
the  career  of  my  public  life,  my  feelings  do  not  permit  me  to  sus- 
pend the  deep  acknowledgment  of  that  debt  of  gratitude  which  I 
owe  to  my  beloved  country  for  the  many  honors  it  has  conferred 
upon  me ;  still  more  for  the  steadfast  confidence  with  which  it  has 
supported  me;  and  for  the  opportunities  I  have  thence  enjoyed  of 
manifesting  my  inviolable  attachment,  by  services  faithful  and  per- 
severing, though  in  usefulness  unequal  to  my  zeal.  If  benefits 
have  resulted  to  our  country  from  these  services,  let  it  always  be 
remembered  to  your  praise,  and  as  an  instructive  example  in  our 
annals,  that,  under  circumstances  in  which  the  passions,  agitated 
in  every  direction,  were  liable  to  mislead;  amidst  appearances 
sometimes  dubious,  vicissitudes  of  fortune  often  discouraging;  in 
situations  in  which,  not  unfrequently,  want  of  success  has  counte- 
nanced the  spirit  of  criticism, — the  constancy  of  your  support  was 
the  essential  prop  of  the  efforts,  and  a  guarantee  of  the  plans,  by 
which  they  were  effected.  Profoundly  penetrated  with  this  idea, 


217 

I  shall  carry  it  with  me  to  my  grave,  as  a  strong  incitement  to  un- 
ceasing vows,  that  Heaven  may  continue  to  you  the  choicest  to- 
kens of  its  beneficence;  that  your  union  and  brotherly  affection 
may  be  perpetual;  that  the  free  Constitution,  which  is  the  work 
of  your  hands,  may  be  sacredly  maintained;  that  its  administra- 
tion, in  every  department,  may  be  stamped  with  wisdom  and  vir- 
tue ;  that,  in  fine,  the  happiness  of  the  people  of  these  States,  un- 
der the  auspices  of  liberty,  may  be  made  complete,  by  so  careful  a 
preservation  and  so  prudent  a  use  of  this  blessing  as  will  acquire 
to  them  the  glory  of  recommending  it  to  the  applause,  the  affec- 
tion, and  the  adoption  of  every  nation  which  is  yet  a  stranger 
to  it. 

Here,  perhaps,  I  ought  to  stop ;  but  a  solicitude  for  your  wel- 
fare, which  cannot  end  but  with  my  life,  and  the  apprehension  of 
danger  natural  to  that  solicitude,  urge  me,  on  an  occasion  like  the 
present,  to  offer  to  your  solemn  contemplation,  and  to  recommend 
to  your  frequent  review,  some  sentiments,  which  are  the  result  of 
much  reflection,  of  no  inconsiderable  observation,  and  which  ap- 
pear to  me  all-important  to  the  permanency  of  your  felicity  as  a 
people.  These  will  be  afforded  to  you  with  the  more  freedom,  as 
you  can  only  see  in  them  the  disinterested  warnings  of  a  parting 
friend,  who  can  possibly  have  no  personal  motive  to  bias  his 
counsel ;  nor  can  I  forget,  as  an  encouragement  to  it,  your  indul- 
gent reception  of  my  sentiments  on  a  former  and  not  dissimilar 
occasion. 

Interwoven  as  is  the  love  of  liberty  with  every  ligament  of  your 
hearts,  no  recommendation  of  mine  is  necessary  to  fortify  or  con- 
firm the  attachment. 

The  unity  of  government,  which  constitutes  you  one  people,  is 
also  now  dear  to  you.  It  is  justly  so ;  for  it  is  a  main  pillar  in 
the  edifice  of  your  real  independence — the  support  of  your  tran- 
quillity at  home,  your  peace  abroad,  of  your  safety,  of  your  pros- 
perity, of  that  very  liberty  which  you  so  highly  prize.  But  as  it 
is  eac.y  to  foresee  that,  from  different  causes  and  from  different 
quarters,  much  pains  will  be  taken,  many  artifices  employed,  to 
weaken  in  your  minds  the  conviction  of  this  truth  :  as  this  is  '.ha 

22* 


218 

point  in  your  political  fortress  against  which  the  batteries  of  in- 
ternal and  external  enemies  will  be  most  constantly  and  actively 
(though  often  covertly  and  insidiously)  directed, — it  is  of  infinite 
moment  that  you  should  properly  estimate  the  immense  value  of 
your  national  union  to  your  collective  and  individual  happiness ; 
that  you  should  cherish  a  cordial,  habitual,  and  immovable  attach- 
ment to  it;  accustoming  yourselves  to  think  and  speak  of  it  as  of 
the  palladium  of  your  political  safety  and  prosperity ;  watching 
for  its  preservation  with  jealous  anxiety ;  discountenancing  what- 
ever may  suggest  even  a  suspicion  that  it  can,  in  any  event,  be 
abandoned  ;  and  indignantly  frowning  upon  the  first  dawning  of 
every  attempt  to  alienate  any  portion  of  our  country  from  the  rest, 
or  to  enfeeble  the  sacred  ties  which  now  link  together  the  various 
parts. 

For  this  you  have  every  inducement  of  sympathy  and  interest. 
Citizens  by  birth  or  choice,  of  a  common  country,  that  country  has 
a  right  to  concentrate  your  affections.  The  name  of  American, 
which  belongs  to  you  in  your  national  capacity,  must  always  exalt 
the  just  pride  of  patriotism,  more  than  any  appellation  derived  from 
local  discriminations.  With  slight  shades  of  difference,  you  have 
the  same  religion,  manners,  habits,  and  political  principles.  You 
have,  in  a  common  cause,  fought  and  triumphed  together;  the  in- 
dependence and  liberty  you  possess  are  the  work  of  joint  counsels 
and  joint  efforts,  of  common  dangers,  sufferings,  and  successes. 

But  these  considerations,  however  powerfully  they  address  them- 
selves to  your  sensibility,  are  greatly  outweighed  by  those  which 
apply  more  immediately  to  your  interest ;  here  every  portion  of  our 
country  finds  the  most  commanding  motives  for  carefully  guarding 
and  preserving  the  union  of  the  whole. 

The  North,  in  an  unrestrained  intercourse  with  the  South,  pro- 
tected by  the  equal  laws  of  a  common  government,  finds,  in  the 
productions  of  the  latter,  great  additional  resources  of  maritime  and 
commercial  enterprise,  and  precious  materials  of  manufacturing 
industry.  The  South,  in  the  same  intercourse,  benefiting  by  the 
agency  of  the  North,  sees  its  agriculture  grow,  and  its  commerce 
expand.  Turning  partly  into  its  own  channels  the  seamen  of  the 


219 

North,  it  finds  its  particular  navigation  invigorated ;  and  while  it 
contributes,  in  different  ways,  to  nourish  and  increase  the  general 
mass  of  the  national  navigation,  it  looks  forward  to  the  protection 
of  a  maritime  strength  to  which  itself  is  unequally  adapted.  The 
East,  in  like  intercourse  with  the  West,  already  finds,  and  in  the 
progressive  improvement  of  interior  communication,  hy  land  and 
water,  will  more  and  more  find,  a  valuable  vent  for  the  commodi- 
ties which  it  brings  from  abroad,  or  manufactures  at  home.  The 
West  derives  from  the  East  supplies  requisite  to  its  growth  and 
comfort;  and  what  is  perhaps  of  still  greater  consequence,  it  must, 
of  necessity,  owe  the  secure  enjoyment  of  indispensable  outlets  for 
its  own  productions,  to  the  weight,  influence,  and  the  future  mari- 
time strength  of  the  Atlantic  side  of  the  Union,  directed  by  an  indis- 
soluble community  of  interest  as  one  nation.  Any  other  tenure  by 
which  the  West  can  hold  this  essential  advantage,  whether  derived 
from  its  own  separate  strength,  or  from  an  apostate  and  unnatural 
connexion  with  any  foreign  power,  must  be  intrinsically  precarious. 

While,  then,  every  part  of  our  country  thus  feels  an  immediate 
and  particular  interest  in  union,  all  the  parts  combined  cannot  fail 
to  find,  in  the  united  mass  of  means  and  efforts,  greater  strength, 
greater  resource,  proportionably  greater  security  from  external  dan- 
ger, a  less  frequent  interruption  of  their  peace  by  foreign  nations  ; 
and  what  is  of  inestimable  value,  they  must  derive  from  union  an 
exemption  from  those  broils  and  wars  between  themselves,  which 
so  frequently  afflict  neighboring  countries,  not  tied  together  by  the 
same  government ;  which  their  own  rivalships  alone  would  be  suf- 
ficient to  produce,  but  which  opposite  foreign  alliances,  attach- 
ments, and  intrigues,  would  stimulate  and  imbitter.  Hence,  like- 
wise, they  will  avoid  the  necessity  of  those  over-grown  military 
establishments,  which,  under  any  form  of  government,  are  inaus 
picious  to  liberty,  and  which  are  to  be  regarded  as  particularly  hos- 
tile to  republican  liberty  ;  in  this  sense  it  is  that  your  union  ought 
to  be  considered  as  a  main  prop  of  your  liberty,  and  that  the  love 
of  the  one  ought  to  endear  to  you  the  preservation  of  the  other. 

These  considerations  speak  a  persuasive  language  to  every  reflect- 
ing and  virtuous  mind,  and  exhibit  the  concinuance  of  the  Union 
as  a  primary  object  of  patriotic  desire.  Is  there  a  doubt,  whether 


220 

a  common  government  can  embrace  so  large  a  sphere  1  Let  expe- 
rience solve  it.  To  listen  to  mere  speculation,  in  such  a  case, 
were  criminal.  We  are  authorized  to  hope,  that  a  proper  organiza- 
tion of  the  whole,  with  the  auxiliary  agency  of  governments  for 
the  respective  subdivisions,  will  afford  a  happy  issue  to  the  expe- 
riment. It  is  well  worth  a  fair  and  full  experiment.  With  such 
powerful  and  obvious  motives  to  Union,  affecting  all  parts  of  our 
country,  while  experience  shall  not  have  demonstrated  its  imprac- 
ticability, there  will  always  be  reason  to  distrust  the  patriotism  of 
those,  who,  in  any  quarter,  may  endeavor  to  weaken  its  bands. 

In  contemplating  the  causes  which  may  disturb  our  Union,  it 
occurs,  as  a  matter  of  serious  concern,  that  any  ground  should  have 
been  furnished  for  characterizing  parties  by  geographical  discrimi- 
nations— Northern  and  Southern — Atlantic  and  Western:  whence 
designing  men  may  endeavor  to  excite  a  belief  that  there  is  a  real 
difference  of  local  interests  and  views.  One  of  the  expedients  of 
party  to  acquire  influence  within  particular  districts,  is  to  misre- 
present the  opinions  and  aims  of  other  districts.  You  cannot  shield 
yourselves  too  much  against  the  jealousies  and  heart-burnings 
which  spring  from  these  misrepresentations ;  they  tend  to  render 
alien  to  each  other  those  who  ought  to  be  bound  together  by  frater- 
nal affection.  The  inhabitants  of  our  western  country  have  lately 
had  a  useful  lesson  on  this  head ;  they  have  seen  in  the  negotiation 
by  the  Executive,  and  in  the  unanimous  ratification  by  the  Senate, 
of  the  treaty  with  Spain,  and  in  the  universal  satisfaction  at  that 
event  throughout  the  United  States,  a  decisive  proof  how  unfounded 
were  the  suspicions  propagated  among  them,  of  a  policy  in  the 
General  Government,  and  in  the  Atlantic  States,  unfriendly  to  their 
interests  in  regard  to  the  Mississippi :  they  have  been  witnesses  to 
the  formation  of  two  treaties — that  with  Great  Britain,  and  that 
with  Spain,  which  secure  to  them  every  thing  they  could  desire  in 
respect  to  our  foreign  relations,  towards  confirming  their  prospe- 
rity. Will  it  not  be  their  wisdom  to  rely  for  the  preservation  of 
these  advantages  on  the  Union  by  which  they  were  procured  1 
Will  they  not  henceforth  be  deaf  to  these  advisers,  if  such  there 
are,  who  would  sever  them  from  their  brethren,  and  connect  them 
with  aliens  1 


221 

To  the  efficacy  and  permanency  of  your  Union,  a  Government 
for  the  whole  is  indispensable.  No  alliance,  however  strict  be- 
tween the  parts,  can  be  an  adequate  substitute ;  they  must  inevi- 
tably experience  the  infractions  and  interruptions  which  all  alli- 
ances, in  all  time,  have  experienced.  Sensible  of  this  momentous 
truth,  you  have  improved  upon  "your  first  essay,  by  the  adoption 
of  a  Constitution  of  Government  better  calculated  than  your  former 
for  an  intimate  Union,  and  for  the  efficacious  management  of  your 
common  concerns.  This  Government,  the  offspring'  of  our  own 
choice,  uninfluenced  and  unawed,  adopted  upon  full  investigation 
and  mature  deliberation,  completely  free  in  its  principles,  in  the 
distribution  of  its  powers,  uniting  security  with  energy,  and  con- 
taining within  itself  a  provision  for  its  own  amendment,  has  a  just 
claim  to  your  confidence  and  your  support.  Respect  for  its  au- 
thority, compliance  with  its  laws,  acquiescence  in  its  measures, 
are  duties  enjoined  by  the  fundamental  maxims  of  true  liberty. 
The  bases  of  our  political  systems,  is  the  right  of  the  people  to 
make  and  to  alter  their  constitutions  of  Government:  but  the  Con- 
stitution which  at  any  time  exists,  till  changed  by  an  explicit  and 
authentic  act  of  the  whole  people,  is  sacredly  obligatory  upon  all. 
The  very  idea  of  the  power,  and  the  right  of  the  people  to  establish 
Government,  pre-supposes  the  duty  of  every  individual  to  obey  the 
established  Government. 

All  obstructions  to  the  execution  of  the  laws,  all  combinations 
and  associations,  under  whatever  plausible  character,  with  the  real 
design  to  direct,  control,  counteract,  or  awe  the  regular  delibera- 
tion and  action  of  the  constituted  authorities,  are  destructive  to  this 
fundamental  principle,  and  of  fatal  tendency.  They  serve  to  or- 
ganize faction,  to  give  it  an  artificial  and  extraordinary  force,  to  put 
in  the  place  of  the  delegated  will  of  the  nation,  the  will  of  a  party, 
often  a  small  but  artful  and  enterprising  minority  of  the  commu- 
nity ;  and,  according  to  the  alternate  triumphs  of  different  parties, 
to  make  the  public  administration  the  mirror  of  the  ill-concerted 
and  incongruous  projects  of  faction,  rather  than  the  organ  of  con- 
sistent and  wholesome  plans,  digested  by  common  counsels,  and 
modified  by  mutual  interests. 


222 

However  combinations  or  associations  of  the  above  description 
may  now  and  then  answer  popular  ends,  they  are  likely,  in  the 
course  of  time  and  things,  to  become  potent  engines,  by  which 
cunning,  ambitious,  and  unprincipled  men,  will  be  enabled  to  sub- 
vert the  power  of  the  people,  and  to  usurp  for  themselves  the  reins 
of  Government;  destroying,  afterwards,  the  very  engines  which 
had  lifted  them  to  unjust  dominion. 

Towards  the  preservation  of  your  Government,  and  the  perma- 
nency of  your  present  happy  state,  it  is  requisite,  not  only  that  you 
steadily  discountenance  irregular  oppositions  to  its  acknowledged 
authoiity,  but  also  that  you  resist  with  care  the  spirit  of  innovation 
upon  its  principles,  however  specious  the  pretexts.  One  method 
of  assault  may  be  to  effect,  in  the  forms  of  the  Constitution,  altera- 
tions which  will  impair  the  energy  of  the  system,  and  thus  to 
undermine  what  cannot  be  directly  overthrown.  In  all  the«hanges 
to  which  you  may  be  invited,  remember  that  time  and  habit  are  at 
least  as  necessary  to  fix  the  true  character  of  governments  as  of 
other  human  institutions ;  that  experience  is  the  surest  standard  by 
which  to  test  the  real  tendency  of  the  existing  constitution  of  a 
country;  that  facility  in  changes,  upon  the  credit  of  mere  hypo- 
thesis and  opinion,  exposes  to  perpetual  change,  from  the  endless 
variety  of  hypothesis  and  opinion ;  and  remember,  especially,  that 
for  the  efficient  management  of  your  common  interests,  in  a  coun- 
try so  extensive  as  ours,  a  Government  of  as  much  vigor  as  is 
consistent  with  the  perfect  security  of  liberty,  is  indispensable. 
Liberty  itself  will  find  in  such  a  Government,  with  powers  pro- 
perly distributed  and  adjusted,  its  surest  guardian.  It  is,  indeed, 
little  else  than  a  name,  where  the  Government  is  too  feeble  to  with- 
stand the  enterprises  of  faction,  to  confine  each  member  of  the  society 
within  the  limits  prescribed  by  the  laws,  and  to  maintain  all  in  the 
secure  and  tranquil  enjoyment  of  the  rights  of  person  and  property. 

I  have  already  intimated  to  you  the  danger  of  parties  in  the  State, 
with  particular  reference  to  the  founding  of  them  on  geographical 
discriminations.  Let  me  now  take  a  more  comprehensive  view, 
and  warn  you,  in  the  most  solemn  manner,  against  the  baneful 
effects  of  the  spirit  of  party  generally. 


This  spirit,  unfortunately,  is  inseparable  from  our  nature,  having 
its  root  in  the  strongest  passions  of  the  human  mind.  It  exists 
under  different  shapes,  in  all  Governments,  more  or  less  stifled, 
controlled,  or  repressed  ;  hut  in  those  of  the  popular  form  it  is  seen 
in  its  greatest  rankness,  and  is  truly  their  worst  enemy. 

The  alternate  domination  of  one  faction  over  another,  sharpened 
by  the  spirit  of  revenge,  natural  to  party  dissension,  which,  in  dif- 
ferent ages  and  countries,  has  perpetrated  the  most  horrid  enormi- 
ties, is  itself  a  frightful  despotism.  But  this  leads,  at  length,  to  a 
more  formal  and  permanent  despotism.  The  disorders  and  miseries 
which  result,  gradually  incline  the  minds  of  men  to  seek  security 
and  repose  in  the  absolute  power  of  an  individual ;  and,  sooner  or 
later,  the  chief  of  some  prevailing  faction,  more  able  or  more  fortu- 
nate than  his  competitors,  turns  this  disposition  to  the  purposes  of 
his  own  elevation  on  the  ruins  of  public  liberty. 

Without  looking  forward  to  an  extremity  of  this  kind,  (which, 
nevertheless,  ought  not  to  be  entirely  out  of  sight,)  the  common  and 
continual  mischiefs  of  the  spirit  of  party  are  sufficient  to  make  it  the 
interest  and  duty  of  a  wise  people  to  discourage  and  restrain  it. 

It  serves  always  to  distract  the  public  councils,  and  enfeeble  the 
public  administration.  It  agitates  the  community  with  ill-founded 
jealousies  and  false  alarms ;  kindles  the  animosity  of  one  part 
against  another;  foments,  occasionally,  riot  and  insurrection.  It 
opens  the  door  to  foreign  influence  and  corruption,  which  find  a 
facilitated  access  to  the  Government  itself,  through  the  channels 
of  party  passions.  Thus  the  policy  and  the  will  of  one  country 
are  subjected  to  the  policy  and  will  of  another. 

There  is  an  opinion  that  parties,  in  free  countries,  are  useful 
checks  upon  the  administration  of  the  Government,  and  serve  to 
keep  alive  the  spirit  of  liberty.  This,  within  certain  limits,  is  pro- 
bably true;  and  in  Governments  of  a  monarchical  cast,  patriotism 
may  look  with  indulgence,  if  not  with  favor,  upon  the  spirit  of 
party.  But  in  those  of  the  popular  character,  in  Governments 
purely  elective,  it  is  a  spirit  not  to  be  encouraged.  From  their 
natural  tendency,  it  is  certain  there  will  always  be  enough  of  that 
spirit  for  every  salutary  purpose.  And  there  being  constant  danger 


224 

of  excess,  the  effort  ought  to  be,  by  force  of  public  opinion,  to 
mitigate  and  assuage  it.  A  fire  not  to  be  quenched,  it  demands  a 
uniform  vigilance  to  prevent  its  bursting  into  a  flame,  lest,  instead 
of  warming,  it  should  consume. 

;  It  is  important,  likewise,  that  the  habits  of  thinking,  in  a  free 
country,  should  inspire  caution  in  those  intrusted  with  its  adminis- 
tration, to  confine  themselves  within  their  respective  constitutional 
spheres,  avoiding,  in  the  exercise  of  the  powers  of  one  department, 
to  encroach  upon  another.  The  spirit  of  encroachment  tends  to 
consolidate  the  powers  of  all  the  departments  in  one,  and  thus  to 
create,  whatever  the  form  of  Government,  a  real  despotism.  A 
just  estimate  of  that  love  of  power,  and  proneness  to  abuse  it  which 
predominates  in  the  human  heart,  is  sufficient  to  satisfy  us  of  the 
truth  of  this  position.  The  necessity  of  reciprocal  checks  in  the 
exercise  of  political  power,  by  dividing  and  distributing  it  into  dif- 
ferent depositories,  and  constituting  each  the  guardian  of  the  public 
weal,  against  invasions  by  the  others,  has  been  evinced  by  experi- 
ments, ancient  and  modern ;  some  of  them  in  our  own  country,  and 
under  our  own  eyes.  To  preserve  them  must  be  as  necessary  as  to 
institute  them.  If,  in  the  opinion  of  the  people,  the  distribution 
or  modification  of  the  constitutional  powers  be,  in  any  particular, 
wrong,  let  it  be  corrected  by  an  amendment  in  the  way  which  the 
Constitution  designates.  But  let  there  be  no  change  by  usurpa- 
tion ;  for  though  this,  in  one  instance,  may  be  the  instrument  of 
good,  it  is  the  customary  weapon  by  which  free  Governments  are 
destroyed.  The  precedent  must  always  greatly  overbalance,  in 
permanent  evil,  any  partial  or  transient  benefit  which  the  use  can, 
at  any  time,  yield. 

Of  all  the  dispositions  and  habits  which  lead  to  political  pros- 
perity, religion  and  morality  are  indispensable  supports.  In  vain 
would  that  man  claim  the  tribute  of  patriotism,  who  should  labor 
to  subvert  these  great  pillars  of  human  happiness,  these  firmest 
props  of  the  duties  of  men  and  citizens.  The  mere  politician, 
equally  with  the  pious  man,  ought  to  respect  and  to  cherish  them. 
A  volume  could  not  trace  all  their  connexions  with  private  and 
public  felicity.  Let  it  simply  be  asked,  where  is  the  security  for 


225 

property,  tor  reputation,  for  life,  if  the  sense  of  religious  obligation 
desert  the  oaths  which  are  the  instruments  of  investigation  in  courts 
of  justice  1  And  let  us  with  caution  indulge  the  supposition,  thai 
morality  can  be  maintained  without  religion.  Whatever  may  be 
conceded  to  the  influence  of  refined  education  on  minds  of  peculiar 
structure,  reason  and  experience  both  forbid  us  to  expect  that  na- 
tional morality  can  prevail  in  exclusion  of  religious  principles. 

It  is  substantially  true,  that  virtue  or  morality  is  a  necessary 
spring  of  popular  Government.  The  rule,  indeed,  extends  with 
more  or  less  force  to  every  species  of  free  Government.  Who,  that 
is  a  sincere  friend  to  it,  can  look  with  indifference  upon  attempts 
to  shake  the  foundation  of  the  fabric1? 

Promote,  then,  as  an  object  of  primary  importance,  institutions 
for  the  general  diffusion  of  knowledge.  In  proportion  as  the  struc- 
ture of  a  Government  gives  force  to  public  opinion,  it  is  essential 
that  public  opinion  should  be  enlightened. 

As  a  very  important  source  of  strength  and  security,  cherish 
public  credit.  One  method  of  preserving  it  is  to  use  it  as  spar- 
ingly as  possible ;  avoiding  occasions  of  expense  by  cultivating 
pea^ce,  but  remembering  also  that  timely  disbursements  to  prepare 
for  danger,  frequently  prevent  much  greater  disbursements  to  repel 
it;  avoiding,  likewise,  the  accumulation  of  debt,  not  only  by  shun- 
ning occasions  of  expense,  but  by  vigorous  exertions  in  time  of 
peace  to  discharge  the  debts  which  unavoidable  wars  may  have 
occasioned ;  not  ungenerously  throwing  upon  posterity  the  burden 
which  we  ourselves  ought  to  bear.  The  execution  of  these  maxims 
belongs  to  your  representatives,  but  it  is  necessary  that  public 
opinion  should  co-operate.  To  facilitate  to  them  the  performance 
of  their  duty,  it  is  essential  that  you  should  practically  bear  in 
rnind,  that  towards  the  payment  of  debts  there  must  be  revenue; 
that  to  have  revenue  there  must  be  taxes ;  that  no  taxes  can  be  de- 
vised, which  are  not  more  or  less  inconvenient  and  unpleasant  • 
that  the  intrinsic  embarrassment  inseparable  from  the  selection 
of  the  proper  objects,  (which  is  always  a  choice  of  difficulties,) 
ought  to  be  a  decisive  motive  for  a  candid  construction  of  the  con- 
duct of  'ho  Government  in  making  it,  and  for  a  spirit  of  acquies- 

23 


226 

ceuce  in  the  measures  for  obtaining  revenue,  which  the  public 
exigencies  may  at  any  time  dictate. 

Observe  good  faith  and  justice  towards  all  nations ;  cultivate 
peace  and  harmony  with  all ;  religion  and  morality  enjoin  this  con- 
duct; and  can  it  be  that  good  policy  does  not  equally  enjoin  it? 
It  will  be  worthy  of  a  free,  enlightened,  and,  at  no  distant  period, 
a  great  nation,  to  give  to  mankind  the  magnanimous  and  too  novel 
example  of  a  people  always  guided  by  an  exalted  justice  and  be- 
nevolence. Who  can  doubt  that,  in  the  course  of  time  and  things, 
the  fruits  of  such  a  plan  would  richly  repay  any  temporary  advan- 
tages which  might  be  lost  by  a  steady  adherence  to  it  1  Can  it  be 
that  Providence  has  not  connected  the  permanent  felicity  of  a  na- 
tion with  its  virtue  ?  The  experiment,  at  least,  is  recommended  by 
every  sentiment  which  ennobles  human  nature.  Alas !  is  it  ren- 
dered impossible  by  its  vices'? 

In  the  execution  of  such  a  plan,  nothing  is  more  essential  than 
that  permanent  inveterate  antipathies  against  particular  nations, 
and  passionate  attachments  for  others,  should  be  excluded;  and 
that,  in  place  of  them,  just  and  amicable  feelings  towards  all  should 
be  cultivated.  The  nation  which  indulges  towards  another  an 
habitual  hatred,  or  an  habitual  fondness,  is,  in  some  degree,  a  slave. 
It  is  a  slave  to  its  animosity  or  to  its  affection  ;  either  of  which  is 
sufficient  to  lead  it  astray  from  its  duty  and  its  interest.  Antipathy 
in  one  nation  against  another,  disposes  each  more  readily  to  offer 
insult  and  injury,  to  lay  hold  of  slight  causes  of  umbrage,  and  to 
be  haughty  and  intractable,  when  accidental  or  trifling  occasions 
of  dispute  occur.  Hence  frequent  collisions,  obstinate,  envenomed, 
and  bloody  contests.  The  nation,  prompted  by  ill  will  and  re- 
sentment, sometimes  impels  to  war  the  Government,  contrary  to 
the  best  calculations  of  policy.  The  Government  sometimes  par- 
ticipates in  the  national  propensity,  and  adopts,  through  passion, 
what  reason  would  reject;  at  other  times  it  makes  the  animosity 
of  the  nation  subservient  to  projects  of  hostility,  instigated  by 
pride,  ambition,  and  other  sinister  and  pernicious  motives.  The 
peace  often,  sometimes  perhaps  the  liberty,  of  nations  has  been  the 
victim. 


227 

So,  likewise,  a  passionate  attachment  of  one  nation  to  anothei 
produces  a  variety  of  evils.  Sympathy  for  the  favorite  nation,  fa- 
cilitating the  illusion  of  an  imaginary  common  interest,  in  cases 
where  no  real  common  interest  exists,  and  infusing  into  one  the 
enmities  of  the  other,  betrays  the  former  into  a  participation  in  the 
quarrels  and  wars  of  the  latter,  without  adequate  inducement  or 
justification.  It  leads  also  to  concessions  to  the  favorite  nation  of 
privileges  denied  to  others,  which  is  apt  doubly  to  injure  the  na- 
tion making  the  concessions ;  by  unnecessarily  parting  with  what 
ought  to  have  been  retained,  and  by  exciting  jealousy,  ill  will,  and 
a  disposition  to  retaliate,  in  the  parties  from  whom  equal  privileges 
are  "withheld  ;  and  it  gives  to  ambitious,  corrupted,  or  deluded  citi- 
zens (who  devote  themselves  to  the  favorite  nation)  facility  to  be- 
tray, or  sacrifice  the  interest  of  their  own  country,  without  odium  ; 
sometimes  even  with  popularity ;  gilding  with  the  appearance  of  a 
virtuous  sense  of  obligation,  a  commendable  deference  for  public 
opinion,  or  a  laudable  zeal  for  public  good,  the  base  or  foolish 
compliances  of  ambition,  corruption,  or  infatuation. 

As  avenues  to  foreign  influence  in  innumerable  ways,  such  at- 
tachments are  particularly  alarming  to  the  truly  enlightened  and 
independent  patriot.  How  many  opportunities  do  they  afford  to 
tamper  with  domestic  factions,  to  practise  the  art  of  seduction,  to 
mislead  public  opinion,  to  influence  or  awe  the  public  councils  ! 
Such  an  attachment  of  a  small  or  weak,  towards  a  great  and  pow- 
erful nation,  dooms  the  former  to  be  the  satellite  of  the  latter. 

Against  the  insidious  wiles  of  foreign  influence  (I  conjure  you 
to  believe  me,  fellow-citizens)  the  jealousy  of  a  free  people  ought 
to  be  constantly  awake ;  since  history  and  experience  prove  that 
foreign  influence  is  one  of  the  most  baneful  foes  of  republican  Go- 
vernment. But  that  jealousy,  to  be  useful,  must  be  impartial ;  else 
it  becomes  the  instrument  of  the  very  influence  to  be  avoided,  in- 
stead of  a  defence  against  it.  Excessive  partiality  for  one  foreign 
nation,  and  excessive  dislike  for  another,  cause  those  whom  they 
actuate  to  see  danger  only  on  one  side,  and  serve  to  veil,  and  even 
second,  the  arts  of  influence  on  the  other.  Real  patriots,  >vho  may 
resist  the  intrigues  of  the  favorite,  are  liable  to  become  suspected 


228 

and  odious  ;  while  its  tools  and  dupes  usurp  the  applause  and  con- 
fidence of  the  people,  to  surrender  their  interests. 

The  great  rule  of  conduct  for  us,  in  regard  to  foreign  nations,  is, 
in  extending  our  commercial  relations,  to  have  with  them  as  little 
political  connexion  as  possible.  So  far  as  we  have  already  formed 
engagements,  let  them  be  fulfilled  with  perfect  good  faith.  Here 
let  us  stop. 

Europe  has  a  set  of  primary  interests,  which  to  us  have  none,  or 
a  very  remote  relation.  Hence  she  must  be  engaged  in  frequent 
controversies,  the  causes  of  which  are  essentially  foreign  to  our 
concerns.  Hence,  therefore,  it  must  be  unwise  in  us  to  implicate 
ourselves,  by  artificial  ties,  in  the  ordinary  vicissitudes  of  her  poli- 
tics, or  the  ordinary  combinations  and  collisions  of  her  friendships 
or  enmities. 

Our  detached  and  distant  situation  invites  and  enables  us  to  pur- 
sue a  different  course.  If  we  remain  one  people,  under  an  efficient 
Government,  the  period  is  not  far  off  when  we  may  defy  material 
injury  from  external  annoyance ;  when  we  may  take  such  an  atti- 
tude as  will  cause  the  neutrality  we  may  at  any  time  resolve  upon, 
to  be  scrupulously  respected  ;  when  belligerent  nations,  under  the 
impossibility  of  making  acquisitions  upon  us,  will  not  lightly 
hazard  the  giving  us  provocation ;  when  we  may  choose  peace  or 
war,  as  our  interest,  guided  by  justice,  shall  counsel. 

Why  forego  the  advantages  of  so  peculiar  a  situation!  Why 
quit  our  own  to  stand  upon  foreign  ground  1  Why,  by  interweav- 
ing our  destiny  with  that  of  any  part  of  Europe,  entangle  our  peace 
and  prosperity  in  the  toils  of  European  ambition,  rivalship,  interest, 
humor,  or  caprice  ? 

It  is  our  true  policy  to  steer  clear  of  permanent  alliances  with 
any  portion  of  the  foreign  world  ;  so  far,  I  mean,  as  we  are  now  at 
liberty  to  do  it ;  for  let  me  not  be  understood  as  capable  of  patron- 
ising infidelity  to  existing  engagements.  I  hold  the  maxim  no  less 
applicable  to  public  than  to  private  affairs,  that  honesty  is  always 
tne  best  policy.  I  repeat  it,  therefore,  let  those  engagements  be 
observed  in  their  genuine  sense.  But,  in  my  opinion,  it  is  unne- 
cessary, and  would  be  unwise  to  extend  them. 


229 

Taking  care  always  to  keep  ourselves,  by  suitable  establish- 
ments, on  a  respectable  defensive  posture,  we  may  safely  trust  to 
temporary  alliances  for  extraordinary  emergencies. 

Harmony,  and  a  liberal  intercourse  with  all  nations,  are  recom- 
mended by  policy,  humanity,  and  interest.  But  even  our  com- 
mercial policy  should  hold  an  equal  and  impartial  hand  ;  neither 
seeking  nor  granting  exclusive  favors  or  preferences;  consulting 
the  natural  course  of  things ;  diffusing  and  diversifying,  by  gentle 
moans,  the  streams  of  commerce,  but  forcing  nothing;  establish- 
ing, with  powers  so  disposed,  in  order  to  give  trade  a  stable  course, 
to  define  the  rights  of  our  merchants,  and  to  enable  the  Government 
to  support  them,  conventional  rules  of  intercourse,  the  best  that 
present  circumstances  and  mutual  opinions  will  permit,  but  tempo- 
rary, and  liable  to  be,  from  time  to  time,  abandoned  or  varied,  as 
experience  and  circumstances  shall  dictate;  constantly  keeping 
in  view,  that  it  is  folly  in  one  nation  to  look  for  disinterested  favors 
from  another;  that  it  must  pay,  with  a  portion  of  its  independence, 
for  whatever  it  may  accept  under  that  character;  that  by  such  ac- 
ceptance it  may  place  itself  in  the  condition  of  having  given  equiva- 
lents for  nominal  favors,  and  yet  of  being  reproached  with  ingratitude 
for  not  giving  more.  There  can  be  no  greater  error  than  to  expect, 
or  calculate  upon,  real  favors  from  nation  to  nation.  It  is  an  illu- 
sion which  experience  must  cure,  which  a  just  pride  ought  to  dis- 
card. 

In  offering  to  you,  my  countrymen,  these  counsels  of  an  old  and 
affectionate  friend,  I  dare  not  hope  they  will  make  the  strong  and 
lasting  impression  I  could  wish;  that  they  will  control  the  usual 
current  of  the  passions,  or  prevent  our  nation  from  running  the 
course  which  has  hitherto  marked  the  destiny  of  nations;  but  if  I 
may  even  flatter  myself  that  they  may  be  productive  of  some  partial 
benefit,  some  occasional  good  ;  that  they  may  now  and  then  recur 
to  moderate  the  fury  of  party  spirit,  to  warn  against  the  mischiefs 
of  foreign  intrigues,  to  guard  against  the  impostures  of  pretended 
patriotism ;  this  hope  will  be  a  full  recompense  for  the  solicitude 
for  your  welfare  by  which  they  have  been  dictated. 

How  far,  in  the  discharge  of  my  official  duties,  T  have  been 
23*' 


230 

guided  by  the  principles  which  have  been  delineated,  the  public 
records,  and  other  evidences  of  my  conduct,  must  witness  to  you 
and  the  world.  To  myself,  the  assurance  of  my  own  conscience 
is,  that  I  have  at  least  believed  myself  to  be  guided  by  them. 

In  relation  to  the  still  subsisting  war  in  Europe,  my  proclama 
tion  of  the  22d  of  April,  1793,  is  the  index  to  my  plan.  Sanctioned 
by  your  approving  voice,  and  by  that  of  your  Representatives  in 
both  Houses  of  Congress,  the  spirit  of  that  measure  has  continually 
governed  me,  uninfluenced  by  any  attempts  to  deter  or  divert  me 
from  it. 

After  deliberate  examination,  with  the  aid  of  the  best  lights  I 
could  obtain,  I  was  well  satisfied  that  our  country,  under  all  the 
circumstances  of  the  case,  had  a  right  to  take,  and  was  bound  in 
duty  and  interest  to  take,  a  neutral  position.  Having  taken  it  I 
determined,  as  far  as  should  depend  upon  me,  to  maintain  it  with 
moderation,  perseverance,  and  firmness. 

The  considerations  which  respect  the  right  to  hold  this  conduct, 
it  is  not  necessary  on  this  occasion  to  detail.  I  will  only  observe, 
that,  according  to  my  understanding  of  the  matter,  that  right,  so 
far  from  being  denied  by  any  of  the  belligerent  powers,  has  been 
virtually  admitted  by  all. 

The  duty  of  holding  a  neutral  conduct  may  be  inferred,  without 
any  thing  more,  from  the  obligation  which  justice  and  humanity 
impose  on  every  nation,  in  cases  in  which  it  is  free  to  act,  to  main- 
tain inviolate  the  relations  of  peace  and  amity  towards  other  nations. 

The  inducements  of  interest,  for  observing  that  conduct,  will 
best  be  referred  to  your  own  reflections  and  experience.  With  me, 
a  predominant  motive  has  been  to  endeavor  to  gain  time  to  our 
country  to  settle  and  mature  its  yet  recent  institutions,  and  to  pro- 
gress, without  interruption,  to  that  degree  of  strength  and  con- 
sistency which  is  necessary  to  give  it,  humanly  speaking,  the 
command  of  its  own  fortunes. 

Though  in  reviewing  the  incidents  of  my  administration,  I  am 
unconscious  of  intentional  error ;  I  am,  nevertheless,  too  sensible 
of  my  defects  not  to  think  it  probable  that  I  may  have  committed 
many  errors.  Whatever  they  may  be,  J  fervertly  beseech  the  Al- 


231 

mighty  to  avert  or  mitigate  the  evils  to  which  they  may  tend.  1 
shall  also  carry  with  me  the  hope,  that  my  country  will  nevei 
cease  to  view  them  with  indulgence  ;  and  that,  after  forty-five 
years  of  my  life  dedicated  to  its  service  with  an  upright  zeal,  the 
faults  of  incompetent  abilities  will  be  consigned  to  oblivion,  as  my- 
self must  soon  be  to  the  mansions  of  rest. 

Relying  on  its  kindness  in  this,  as  in  other  things,  and  actuated 
by  that  fervent  love  towards  it  which  is  so  natural*  to  a  man  who 
views  in  it  the  native  soil  of  himself  and  his  progenitors  for  seve- 
ral generations,  I  anticipate,  with  pleasing  expectation,  that  retreat 
in  which  I  promise  myself  to  realize,  without  alloy,  the  sweet  en- 
joyment of  partaking,  in  the  midst  of  my  fellow-citizens,  the  benign 
influence  of  good  laws  under  a  free  Government — the  ever  favorite 
object  of  my  heart — and  the  happy  reward,  as  I  trust,  of  our  mutual 
cares,  labors,  and  dangers. 

GEORGE  WASHINGTON. 

United  States,  17lh  September,  1796. 


GEORGE  WASHINGTON, 

APPOINTED  LIEUTENANT-GENERAL  AND  COMMANDER-IN-CHIEF 
OF  ALL  THE  ARMIES  RAISED  OR  TO  BE  RAISED  IN  THE  UNITED 
STATES,  BY  AND  WITH  THE  ADVICE  AND  CONSENT  OF  THE 
SENATE.— July  3,  1798. 

THE  calm  and  peaceful  retreat  which  the  great  Wash- 
ington promised  himself  beneath  his  own  vine  and  fig-tree, 
in  taking  an  affectionate  leave  of  his  fellow-citizens  in  nis 
farewell  address,  was  destined  to  be  of  short  duration,  for, 
difficulties  having  arisen  with  the  then  existing  government 
of  France,  "  the  opinion  was  universally  entertained,  that 
Washington  must  be  called  on  to  take  the  command  of 
the  armies."  The  weight  of  his  name  and  character  was 


232 

of  the  utmost  importance  to  produce  unanimity  in  the 
leaders,  and  to  secure  the  confidence  and  support  of  the 
people.  His  extreme  aversion  to  enter  again  into  public 
life  was  known  ;  but  it  was  likewise  well  understood,  tha. 
it  was  a  principle  with  him,  from  which  he  had  never 
deviated,  that  when  his  services  were  demanded  by  the 
general  voice*  of  his  fellow-citizens,  he  never  refused  to 
bestow  them  ;. under  this  impression,  therefore,  the  Pre- 
sident, John  Adams,  had  made  up  his  mind  to  nominate 
him  to  the  Senate  in  any  event,  both  because  he  was  the 
best  man,  and  because  the  nation  would  not  be  satisfied 
with  any  other  course,  and  he  therefore  declared  to  him 
in  a  letter  of  the  22d  June,  1798,  that  «  We  must  have 
your  name,  if  you  will  in  any  case  permit  us  to  use  it. 
There  will  be  more  efficacy  in  it  than  in  many  an  army." 
And  the  Secretary  of  War,  James  McHenry,  on  the 
26th  June,  1798,  said  to  him — «  You  see  how  the  storm 
thickens,  and  that  our  vessel  will  soon  require  its  ancient 
pilot.  Will  you, — may  we  flatter  ourselves,  that,  in  a 
crisis  so  awful  and  important,  you  will  accept  the  com- 
mand of  all  our  armies  ?  I  hope  you  will,  because  you 
alone  can  unite  all  hearts  and  all  hands." — To  the  Presi- 
dent, Washington  replied  on  the  4th  July,  1798,  that 
"  At  the  epoch  of  my  retirement,  an  invasion  of  these 
States  by  any  European  power,  or  even  the  probability 
of  such  an  event  happening  in  my  days,  was  so  far  from 
being  contemplated  by  me,  that  I  had  no  conception  that 
that,  or  any  other  occurrence  would  arise  in  so  short  a 
period,  which  could  turn  my  eyes  from  the  shades  of 
Mount  Vernon.  But  this  seems  to  be  the  age  of  wonders  ; 
and  it  is  reserved  for  intoxicated  and  lawless  France  (for 
nurposes  of  Providence  far  beyond  the  reach  of  human 


233 

ken)  to  slaughter  its  own  citizens,  and  to, disturb  the  re- 
pose of  all  the  world  besides." 

"  From  a  view  of  the  past  and  the  present,  and  from 
the  prospect  of  that  which  seems  to  be  expected,  it  is  not 
easy  for  me  to  decide,  satisfactorily,  on  the  part  it  might 
best  become  me  to  act.  In  case  of  actual  invasion  by  a 
formidable  force,  I  certainly  should  not  intrench  myself 
under  the  cover  of  age  (67)  and  retirement,  if  my  ser- 
vices should  be  required  by  my  country  to  assist  in  re- 
pelling it." 

To  the  Secretary  of  War,  Washington  replied  also  on 
the  4th  July,  1798, — "  The  sentiments,  which  I  mean  to 
express  to  you  in  this  letter  on  the  subject  of  yours,  shall 
be  frank,  undisguised  and  explicit ;  for  I  see,  as  you  do, 
that  clouds  are  gathering,  and  that  a  storm  may  ensue ; 
and  I  find,  too,  from  a  variety  of  hints,  that  my  quiet 
under  these  circumstances  does  not  promise  to  be  of  long 
continuance. 

« It  cannot  be  necessary  for  me  to  premise  to  you,  or 
to  others,  who  know  my  sentiments  as  well,  that,  to  quit 
the  tranquil  walks  of  retirement,  and  enter  a  boundless 
field  of  responsibility  and  trouble,  would  be  productive 
of  sensations,  which  a  better  pen  than  I  possess  would 
find  it  difficult  to  describe.  Nevertheless,  the  principles 
by  which  my  conduct  has  been  actuated  through  life 
would  not  suffer  me,  in  any  great  emergency,  to  withhold 
any  services  I  could  render,  required  by  my  country; 
especially  in  a  case  where  its  dearest  rights  are  assailed 
by  lawless  ambition  and  intoxicated  power,  contrary  to 
every  principle  of  justice,  and  in  violation  of  solemn  com- 
pacts and  laws,  which  govern  all  civilized  nations ;  and 
this,  too,  with  the  obvious  intent  to  sow  Ahick  the  seeds 


234 

of  disunion,  for  the  purpose  of  subjugating  the  govern- 
ment, and  destroying  our  independence  and  happiness." 

"In  circumstances  like  these,  accompanied  by  an 
actual  invasion  of  our  territorial  rights,  it  would  be  diffi- 
cult at  any  time  for  me  to  remain  an  idle  spectator  under 
the  plea  of  age  or  retirement.  With  sorrow,  it  is  true,  I 
should  quit  the  shades  of  my  peaceful  abode,  and  the 
ease  and  happiness  I  now  enjoy,  to  encounter  anew  the 
turmoils  of  war,  to  which,  possibly,  my  strength  and 
powers  might  be  found  incompetent.  These,  however, 
should  not  be  stumbling-blocks  in  my  own  way." 

"  As  my  whole  life  has  been  dedicated  to  my  country 
in  one  shape  or  another,  for  the  poor  remains  of  it,  it  is 
not  an  object  to  contend  for  ease  and  quiet,  when  all  that 
is  valuable  in  it  is  at  stake,  further  than  to  be  satisfied 
that  the  sacrifice  I  should  make  of  these  is  acceptable 
and  desired  by  my  country." 

Before  the  reception  of  these  communications  from  Washington,  the 
following  proceedings  took  place  : — 

IN  EXECUTIVE  SESSION,  SENATE  OF   THE   UNITED 

STATES. 

MONDAY,  JULY  2,  1798. 

The  following  written  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Malcom  his  secretary  : — 

Gentlemen  of  the  Senate  : — 

I  nominate  George  Washington,  of  Mount  Vernon,  to 
be  Lieutenant-general  and  Commander-in-chief  of  all  the 
armies  raised,  or  to  be  raised,  in  the  United  States. 

United  States,  July  2,  1798.  J°HN    ADAMS. 

The  message  was  road. 

Ordered,  That  it  lie  for  consideration. 


235 

TUESDAY,  JULY  3,  1798. 

Ths  Senate  took  into  consideration  the  message  of  the  President  of 
the  United  States,  of  the  2d  instant,  arid  the  nomination  contained  there- 
in, of  George  Washington,  to  office.  Whereupon, 

On  the  question  to  advise  and  consent  to  the  appointment,  it  was  de- 
termined in  the  affirmative  :  Yeas,  24. 

The  yeas  and  nays  being  required  by  one-fifth  of  the  Senators  present, 
Those  who  voted  in  the  affirmative,  are — Messrs.  Anderson,  Bingham, 
Brown,  Chipman,  Clayton,  Foster,  Goodhue,  Greene,  Hillhouse,  How- 
ard, Langdon,  Latimer,  Laurance,  Livermore,  Martin,  Mason,  North, 
Paine,  Read,  Rutherford,  Sedgwick,  Stockton,  Tazewell  and  Tracy. 

So  it  was, 

Resolved,  unanimously,  That  they  do  advise  and  con- 
sent to  the  appointment,  agreeably  to  the  nomination. 

The  following  correspondence  then  ensued : — 

Extract  of  a  letter  from  John  Adnms,  President  of  the  United  States, 
to  James  McHenry,  Secretary  of  War  : 

"Philadelphia,  July  6,  1798. 

«DEAR  SIR, — It  is  my  desire,  that  you  embrace  the 
first  opportunity  to  set  out  on  your  journey  to  Mount 
Vernon,  and  wait  on  General  Washington  with  the  com- 
mission of  lieutenant-general  and  commander-in-chief  of 
the  armies  of  the  United  States,  which,  by  the  advice 
and  consent  of  the  Senate,  has  been  signed  by  me. 
.  "  The  reasons  and  motives,  which  prevailed  with  me 
to  venture  on  such  a  step  as  the  nomination  of  this  great 
and  illustrious  character,  whose  voluntary  resignation 
alone  occasioned  my  introduction  to  the  office  I  now 
hold,  were  too  numerous  to  be  detailed  in  this  letter,  and 
are  too  obvious  and  important  to  escape  the  observation 
of  any  part  of  America  or  Europe.  But,  as  it  is  a  move- 
ment of  great  delicacy,  it  will  require  all  your  address  to 
communicate  the  subject  in  a  manner  that  shall  be  inof- 


236 

fensive  to  his  feelings,  and  consistent  with  all  the  respect 
that  is  due  from  me  to  him. 

"  If  the  General  should  decline  the  appointment,  all 
the  world  will  be  silent  and  respectfully  acquiesce.  If 
he  should  accept  it,  all  the  world,  except  the  enemies  of 
this  country,  wrill  rejoice.  If  he  should  come  to  no  deci- 
sive determination,  but  take  the  subject  into  considera- 
tion, I  shall  not  appoint  any  other  lieutenant-general  till 
his  conclusion  is  known." 

«  His  advice  in  the  formation  of  a  list  of  officers  would 
be  extremely  desirable  to  me."  «  Particularly  I  wish  to 
have  his  opinion  of  the  men  most  suitable  for  inspector- 
general,  adjutant-general,  and  quartermaster-general." 

"  His  opinion  on  all  subjects  wrould  have  great  weight ; 
and  I  wish  you  to  obtain  from  him  as  much  of  his  reflec- 
tions upon  the  times  and  the  service  as  you  can." 


Philadelphia,  July  7,  1798. 

DEAR  SIR, — Mr.  McHenry,  the  Secretary  of  War,  will 
have  the  honor  to  wait  on  you,  in  my  behalf,  to  impart 
to  you  a  step  I  have  ventured  to  take,  and  which  I  should 
have  been  happy  to  have  communicated  in  person,  if 
such  a  journey  had  been  at  this  time  in  my  power.  As 
I  said  in  a  former  letter,  if  it  had  been  in  my  power  to 
nominate  you  to  be  President  of  the  United  States,  I 
should  have  done  it  with  less  hesitation  and  more  plea- 
sure. My  reasons  for  this  measure  will  be  too  well 
known  to  need  any  explanation  to  the  public.  Every 
friend  and  every  enemy  of  America  wrill  comprehend 
them  at  first  blush.  To  you,  sir,  I  owe  all  the  apologies 
I  can  make.  The  urgent  necessity  I  am  in  of  yo.ir 


237 

advice  and  assistance,  indeed  of  your  conduct  and  direc- 
tion of  the  war,  is  all  I  can  urge,  and  that  is  a  sufficient 
justification  to  myself  and  the  world.  I  hope  it  will  be 
so  considered  by  yourself.  Mr.  McHenry  will  have  the 
honor  to  consult  you  upon  the  organization  of  the  army, 
and  upon  every  thing  relating  to  it. 

With  the  highest  respect,  I  have  the  honor  to  be,  sir, 
your  most  obedient  and  most  humble  servant, 

JOHN  ADAMS. 

Mount  Vernon,  July  13,  1798. 

DEAR  SIR, — I  had  the  honor,  on  the  evening  of  the 
llth  instant,  to  receive  from  the  hands  of  the  Secretary 
of  War  your  favor  of  the  7th,  announcing  that  you  had, 
with  the  advice  and  consent  of  the  Senate,  appointed  me 
lieutenant-general  and  commander-in-chief  of  all  the 
armies  raised  or  to  be  raised  for  the  service  of  the  United 
States. 

I  cannot  express  how  greatly  affected  I  am  at  this 
new  proof  of  public  confidence,  and  the  highly  flattering 
manner  in  which  you  have  been  pleased  to  make  the 
communication  ;  at  the  same  time  I  must  not  conceal 
from  you  my  earnest  wish,  that  the  choice  had  fallen  on 
a  man  less  declined  in  years,  and  better  qualified  to  en- 
counter the  usual  vicissitudes  of  war. 

You  know,  sir,  what  calculations  I  had  made  relative 
to  the  orobable  course  of  events  on  my  retiring  from 
office,  ana  the  determination  I  had  consoled  myself  with, 
of  closing  the  remnant  of  my  days  in  my  present  peace- 
ful abode.  You  will,  therefore,  be  at  no  loss  to  conceive 
and  appreciate  the  sensations  I  must  have  experienced, 
to  bring  my  mind  to  any  conclusion  that  would  pledge 

24 


238 

me,  at  so  late  a  period  of  life,  to  leave  scenes  I  sincerel) 
love,  to  enter  upon  the  boundless  field  of  public  action, 
incessant  trouble,  and  high  responsibility. 

It  was  not  possible  for  me  to  remain  ignorant  of,  or 
indifferent  to,  recent  transactions.  The  conduct  of  the 
Directory  of  France  towards  our  country,  their  insidious 
hostilities  to  its  government,  their  various  practices  to 
withdraw  the  affections  of  the  people  from  it,  the  evident 
tendency  of  their  arts  and  those  of  their  agents  to  coun- 
tenance and  invigorate  opposition,  their  disregard  of 
solemn  treaties  and  the  laws  of  nations,  their  war  upon 
our  defenceless  commerce,  their  treatment  of  our  minister 
of  peace,  and  their  demands,  amounting  to  tribute,  could 
not  fail  to  excite  in  me  corresponding  sentiments  with 
those  which  my  countrymen  have  so  generally  expressed 
in  their  affectionate  addresses  to  you.  Believe  me,  sir, 
no  one  can  more  cordially  approve  of  the  wise  and  pru- 
dent measures  of  your  administration.  They  ought  to 
inspire  universal  confidence,  and  will,  no  doubt,  combined 
with  the  state  of  things,  call  from  Congress  such  laws 
and  means  as  will  enable  you  to  meet  the  full  force  and 
extent  of  the  crisis. 

Satisfied,  therefore,  thai  you  have  sincerely  wished 
and  endeavoured  to  avert  war,  and  exhausted  to  the  last 
drop  the  cup  of  reconciliation,  we  can  with  pure  hearts 
appeal  to  Heaven  for  the  justice  of  our  cause,  and  may 
confidently  trust  the  final  result  to  that  kind  Providence, 
which  has  heretofore  and  so  often  signally'  favored  the 
people  of  these  United  States. 

Thinking  in  this  manner,  and  feeling  how  incumbent 
it  is  upon  every  person  of  every  description  to  contribute 
at  all  times  to  his  country's  welfare,  and  especially  in  a 


239 

moment  like  the  present,  when  every  thing  we  hold  dear 
is  so  seriously  threatened,  I  have  finally  determined  to 
accept  the  commission  of  commander-iri-chief  of  the 
armies  of  the  United  States  ;  with  the  reserve  only,  that 
I  shall  not  be  called  into  the  field  until  the  army  is  in  a 
situation  to  require  my  presence,  or  it  becomes  indis- 
pensable by  the  urgency  6f  circumstances. 

In  making  this  reservation,  I  beg  to  be  understood, 
that  I  do  not  mean  to  withhold  any  assistance  to  arrange 
and  organize  the  army,  which  you  may  think  I  can 
afford.  I  take  the  liberty  also  to  mention,  that  I  must 
decline  having  my  acceptance  considered  as  drawing 
after  it  any  immediate  charge  upon  the  public,  and  that 
I  cannot  receive  any  emoluments  annexed  to  the  appoint- 
ment, before  entering  into  a  situation  to  incur  expense. 

The  Secretary  of  War  being  anxious  to  return  to  the 
seat  of  government,  I  have  detained  him  no  longer  than 
was  necessary  to  a  full  communication  upon  the  several 
points  he  had  in  charge. 

With  very  great  respect  and  consideration,  I  have  the 
honor  to  be,  &c. 

GEORGE  WASHINGTON. 


240 


TO  THE  MEMORY  OF 
GEORGE   WASHINGTON, 

BORN  FEBRUARY  22,  1732. — DIED  AT  MOUNT  VERNON,  DECEMBER  14,  1799. 

THE  illustrious  Washington  having  filled  the  measure 
of  his  country's  glory  and  exalted  his  own  political  and 
military  fame  and  private  character  far  above  the  standard 
of  excellence  attained  by  the  greatest  man  of  modern  or 
ancient  times  ;  and  having,  on  every  occasion,  performed 
his  duty  to  his  country,  not  only  with  that  fidelity  and 
devotion  which  became  a  good  citizen,  but  with  that 
wisdom,  affection,  and  paternal  solicitude  which  have 
obtained  for  him,  by  the  unanimous  voice  of  mankind, 
the  title  of  "  Father  of  his  Country,"  was  called,  on 
the  14th  December,  1799,  by  the  ALMIGHTY  FATHER  OF 
HEAVEN,  we  hope,  to  the  enjoyment  of  that  rich  reward 
which  is  reserved  for  those  who  act  well  their  part  on 
earth. 


241 

The  universal  gloom  which  pervaded  the  hearts  of  his 
countrymen  on  that  solemn  occasion,  seems  so  far  to 
have  commingled  with  the  veneration  for  his  character 
which  has  been  transmitted  to  posterity,  as  to  inspire  in 
the  patriot's  heart  an  indescribable  awe  in  approaching 
the  mementos  of  his  glory,  around  which  there  is  a  halo 
so  brilliant  and  penetrating  as  to  reach  the  inmost  intel- 
ligence of  man,  and  to  purify  the  moral  and  intellectual 
being,  by  the  contemplation  of  every  attribute  that  was 
excellent  and  noble  in  human  nature.  It  is  salutary  to 
remember  the  outpourings  of  affection  and  sorrow  on  the 
departure  of  those  whose  virtues  and  goodness  have  en- 
deared them  to  our  hearts,  it  elevates  the  finer  feelings 
of  our  nature,  as  the  presence  of  innocence  promotes  the 
contemplation  of  that  angelical  virtue. 

The  sons  and  daughters  of  America  mourned  the  loss 
their  country  had  sustained  in  the  death  of  their  Wash- 
ington, with  a  cause  of  sorrow  which  no  other  people,  in 
any  case,  to  the  same  extent  could  plead ;  their  govern- 
ment, in  unison  with  the  feelings  of  the  people,  demon- 
strated that  grief  in  measures  of  respect  and  veneration 
worthy  of  a  nation's  affection  and  a  nation's  gratitude, 
and  long — long — may  the  remembrance  of  those  deep 
and  sincere  effusions  of  affection  and  gratitude  continue 
to  warm  the  hearts  of  the  American  people.  There  let 
the  memory  of  Washington  be  enshrined,  and  his  private 
virtues  and  patriotic  ardor  will  continue  to  animate  this 
people  to  the  remotest  generation.  It  is  proposed  to 
conclude  this  chapter  by  consecrating  the  proceedings  and 
measures  of  the  Government  on  that  memorable  occasion 

TO  THE  MEMORY  OF 

GEORGE  WASHINGTON. 
24* 


242 

IN    THE    CONGRESS    OF    THE    UNITED    STATES    OF 

AMERICA. 

HOUSE    OF   REPRESENTATIVES, 
THURSDAY,  DECEMBER  19,  1799. 

The  House  of  Representatives  of  the  United  States,  having  received 
intelligence  of  the  death  of  their  highly  valued  fellow-citizen,  George 
Washington,  General  of  the  armies  of  the  United  States,  and  sharing 
the  universal  grief  this  distressing  event  must  produce, 

Unanimously  resolve: 

1.  That  this  House  will  wait  on  the  President  of  the  United 
States,  in  condolence  of  this  national  calamity. 

2.  That  the  Speaker's  chair  be  shrouded  with  black,  and  that 
the  members  and  officers  of  the  House  wear  mourning,  during  the 
session. 

3.  That  a  joint  committee  of  both  Houses  be  appointed  to  report 
measures  suitable  to  the  occasion,  and  expressive  of  the  profound 
sorrow  with  which  Congress  is  penetrated  on  the  loss  of  a  citizen 

FIRST  IN  WAR,    FIRST   IN    PEACE,  AND    FIRST    IN    THE    HEARTS    OF    HIS 
COUNTRYMEN.* 

4.  That  when  this  House  adjourns,  it  will  adjourn  until  Mondaj 

next. 

Ordered,  That  Mr.  Marshall  and  Mr.  Smith  be  appointed  a  committee 
to  wait  on  the  President  of  the  United  States,  to  know  when  arid  where 
he  will  receive  this  House  for  the  purpose  expressed  in  the  first  resolu- 
tion. 

Ordered,  That  Mr.  Marshall,  Mr.  Craik,  Mr.  Henry  Lee,  Mr.  Eggles- 
ton,  Mr.  Smith,  Mr.  Stone,  Mr.  Rutledge,  Mr.  Abiel  Foster,  Mr.  Muh- 
lenberg,  Mr.  Van  Cortlandt,  Mr.  Dwight  Foster,  Mr.  Franklin  Daven- 
port, Mr.  Claiborne,  Mr.  Morris,  Mr.  John  Brown,  and  Mr.  Taliaferro, 
be  a  committee,  jointly  with  such  committee  as  may  be  appointed  on 
the  part  of  the  Senate,  for  the  purpose  expressed  in  the  third  resolution. 

Ordered,  That  the  clerk  of  this  House  do  acquaint  the  Senate  there- 
with. 

A  written  message  was  received  from  the  President  of  the  United 
States,  by  Mr.  Shaw,  his  secretary,  which,  together  with  the  letter  ac- 

*  The  resolutions  were  drawn  by  Gen.  Henry  Lee  and  introduced  t>y  Job?  Mar- 
shall, Representative  from  Virginia. 


243 

companying  the  same,  was  read,  and  referred  to  the  committee  last  ap- 
pointed, and  is  as  follows  : 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives : 

The  letter  herewith  transmitted  will  inform  you  that  it 
has  pleased  Divine  Providence  to  remove  from  this  life 
our  excellent  fellow-citizen  GEORGE  WASHINGTON,  by  the 
purity  of  his  character,  and  a  long-  series  of  services  to 
his  country,  rendered  illustrious  through  the  world.  It 
remains  for  an  affectionate  and  grateful  people,  in  whose 
hearts  he  can  never  die,  to  pay  suitable  honors  to  his 
memory. 

JOHN  ADAMS. 

United  Slates,  December  19,  1799. 

"Mount  fernon,  December  15,  1799. 

"SiR:  It  is  with  inexpressible  grief  that  I  have  to  announce  to 
you  the  death  of  the  great  and  good  General  Washington.  He 
died  last  evening,  between  ten  and  eleven  o'clock,  after  a  short  ill- 
ness of  about  twenty  hours.  His  disorder  was  an  inflammatory 
sore  throat,  which  proceeded  from  a  cold,  of  which  he  made  but 
little  complaint  on  Friday.  On  Saturday  morning,  about  three 
o'clock,  he  became  ill :  Doctor  Craik  attended  him  in  the  morning, 
and  Doctor  Dick,  of  Alexandria,  and  Doctor  Brown,  of  Port  To- 
bacco, were  soon  after  called  in.  Every  medical  assistance  was 
offered,  but  without  the  desired  effect.  His  last  scene  corresponded 
with  the  whole  tenor  of  his  life:  not  a  groan  nor  a  complaint 
escaped  him  in  extreme  distress.  With  perfect  resignation,  and  in 
full  possession  of  his  reason,  he  closed  his  well-spent  life. 

"I  have  the  honor  to  be,  with  the  highest  respect,  sir,  your  most 
obedient  and  very  humble  servant, 

"TOBIAS  LEAR. 

"  The  PRESIDENT  OF  THE  UNITED  STATES." 

Mr.  Marshall,  from  the  committee  appointed  to  wail  on  the  President 
of  the  United  States,  to  know  when  and  where  it  will  be  convenient  for 


244 

him  to  receive  this  House,  in  condolence  of  the  national  calamity,  re- 
ported  that  the  committee  had,  according  to  order,  performed  that  ser- 
vice, and  that  the  President  signified  to  them  it  would  be  convenient  for 
him  to  receive  this  House  at  one  o'clock  this  afternoon,  at  his  own 
house. 

A  message  from  the  Senate,  by  Mr.  Otis,  their  secretary: 
Mr.  Speaker :  The  Senate  have  agreed  to  the  resolution  passed  by  the 
House  of  Representatives  for  the  appointment  of  a  joint  committee  of 
both  Houses  to  report  measures  suitable  to  the  occasion,  and  expressive 
of  the  profound  sorrow  with  which  Congress  is  penetrated  on  the  loss 
of  a  citizen  first  in  war,  first  in  peace,  and  first  in  the  hearts  of  his 
countrymen  ;  and  have  appointed  Mr.  Dayton,  Mr.  Bingham,  Mr.  Dex- 
ter, Mr.  Gunn,  Mr.  Lawrence,  and  Mr.  Tracey,  a  committee  on  their 
part. 

And  then  he  withdrew. 

-  The  Speaker,  attended  by  the  House,  then  withdrew  to  the  house  of 
the  President  of  the  United  States,  when  Mr.  Speaker  addressed  the 
President  as  follows : 

SIR  :  The  House  of  Representatives,  penetrated  with 
a  sense  of  the  irreparable  loss  sustained  by  the  nation  in 
the  death  of  that  great  and  good  man,  the  illustrious  and 
beloved  Washington,  wait  on  you,  sir,  to  express  their 
condolence  on  this  melancholy  and  distressing  event. 

To  which  the  President  replied  as  follows : 

Gentlemen  of  the  House  of  Representatives: 

I  receive,  with  great  respect  and  affection,  the  condo- 
lence of  the  House  of  Representatives,  on  the  melan- 
choly and  affecting  event,  in  the  death  of  the  most  illus- 
trious and  beloved  personage  which  this  country  ever 
produced.  I  sympathize  with  you,  with  the  nation,  and 
with  good  men  through  the  world,  in  this  irreparable  loss 
sustained  by  us  all. 

JOHN  ADAMS. 

United  Slates,  December  19,  1799. 


245 

MONDAY,  DECEMBER  23,  1799. 

Mr.  Marshall,  from  the  joint  committee  appointed  to  prepare  and  re- 
port measures  suitable  to  the  occasion,  and  expressive  of  the  profound 
sorrow  with  which  Congress  is  penetrated  on  the  loss  of  their  highly 
valued  fellow-citizen,  George  Washington,  General  of  the  armies  of  the 
United  States,  made  a  report,  in  part;  which  he  delivered  in  at  the 
clerk's  table,  where  the  same  was  twice  read  and  considered:  Where- 
upon,— 

It  was  resolved,  that  the  House  do  unanimously  agree  to  the  following 
resolutions,  to  wit : 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  marble  monument 
be  erected  by  the  United  States,  in  the  Capitol,  at  the  city  of 
Washington ;  and  that  the  family  of  General  Washington  be  re- 
quested to  permit  his  body  to  be  deposited  under  it ;  and  that  the 
monument  be  so  designed  as  to  commemorate  the  great  events  of 
his  military  and  political  life. 

And  be  it  further  resolved,  That  there  be  a  funeral  procession  from 
Congress  Hall  to  the  German  Lutheran  Church,  in  honor  of  the 
memory  of  General  George  Washington,  on  Thursday,  the  twenty- 
sixth  instant,  and  that  an  oration  be  prepared  at  the  request  of  Con- 
gress, to  be  delivered  before  both  Houses,  on  that  day  ;  and  that 
the  President  of  the  Senate  and  Speaker  of  the  House  of  Repre- 
sentatives be  desired  to  request  one  of  the  members  of  Congress 
to  prepare  and  deliver  the  same. 

And  be  it  further  resolved,  That  it  be  recommended  to  the  people 
of  the  United  States  to  wear  crape  on  the  left  arm,  as  mourning, 
for  thirty  days. 

And  be  it  further  resolved,  That  the  President  of  the  United 
States  be  requested  to  direct  a  copy  of  these  resolutions  to  be  trans- 
mitted to  Mrs.  Washington,  assuring  her  of  the  profound  respect 
Congress  will  ever  bear  to  her  person  and  character;  of  their  con 
dolence  on  the  late  afflicting  dispensation  of  Providence;  and  en- 
treating her  assent  to  the  interment  of  the  remains  of  General 
George  Washington  in  the  manner  expressed  in  the  first  resi.« 
lution. 

And  be  it  further  resolved,  That  the  President  of   the  United 


246 

States  be  requested  to  issue  a  proclamation,  notifying  to  the  people 
throughout  the  United  States  the  recommendation  contained  in  the 
third  resolution. 

Ordered,  That  the  clerk  of  this  House  do  cany  the  said  resolutions  to 
the  Senate,  and  desire  their  concurrence. 
A  message  from  the  Senate,  by  Mr.Otis,  their  secretary: 
Mr.  Speaker:  The  Senate  have  agreed  to  the  resolutions  passed  by  the 
House  of  Representatives,  directing  certain  measures  to  be  taken  suitable 
to  the  occasion,  and  expressive  of  the  profound  sorrow  with  which  Con- 
gress is  penetrated  on  the  loss  of  their  highly  valued  fellow-citizen, 
George  Washington,  General  of  the  armies  of  the  United  States. 

TUESDAY,  DECEMBER  24,  1799. 

Mr.  Gray,  from  the  joint  committee  for  enrolled  bills,  reported  that 
the  committee  had  examined  the  enrolled  resolutions  directing  certain 
measures  to  be  taken  in  honor  of  the  memory  of  General  George  Wash- 
ington, and  had  found  the  same  to  be  truly  enrolled :  Whereupon, — 

Mr.  Speaker  signed  the  said  enrolled  resolutions. 

Ordered,  That  the  clerk  of  this  House  do  acquaint  the  Senate  there- 
with. 

Mr.  Wadsworth,  from  the  joint  committee  for  enrolled  bills,  reported 
that  the  committee  did,  this  day,  present  to  the  President  of  the  United 
States,  for  his  approbation,  the  enrolled  resolutions  directing  certain 
measures  to  be  taken  in  honor  of  the  memory  of  General  George  Wash- 
ington. 

A  message  was  received  from  the  President  of  the  United  States,  by 
Mr.  Shaw,  his  secretary,  notifying  that  the  President  did,  this  day,  ap- 
prove and  sign  the  enrolled  resolutions,  which  originated  in  this  House, 
in  honor  of  the  memory  of  General  George  Washington. 

The  Speaker  informed  the  House,  that,  conformably  to  the  resolution 
of  Congress,  the  President  of  the  Senate  and  the  Speaker  of  the  House 
of  Representatives  had  requested  Major  General  Henry  Lee,  one  of  the 
Representatives  from  the  State  of  Virginia,  to  prepare  and  deliver  a 
funeral  oration  before  both  houses,  on  Thursday,  the  twenty-sixth  instant, 
in  honor  of  the  memory  of  George  Washington,  late  General  of  the 
armies  of  the  United  States ;  and  that  Mr.  Lee  had  been  pleased  to  ac- 
cept of  the  appointment. 

On  motion,  the  House  adjourned  until  Thursday  morning,  half-past  ten 
3'  clock. 


247 

THURSDAY,  DECEMBER  26,  1799. 

This  being  the  day  appointed  by  the  resolution  of  Congress  for  the 
funeral  procession  in  honor  of  the  memory  of  George  Washington,  late 
General  of  the  armies  of  the  United  States,  the  House  proceeded  to  the 
German  Lutheran  Church,  where  they  attended  the  funeral  oration  pre- 
pared and  delivered  on  the  occasion  by  Major  General  Lee,  one  of  the 
members  of  this  House  for  the  State  of  Virginia : 


FUZTZiRAX.    ORATION. 

IN  obedience  to  your  will,  I  rise  your  humble  organ, 
•with  the  hope  of  executing  a  part  of  the  system  of  public 
mourning  which  you  have  been  pleased  to  adopt,  com- 
memorative of  the  death  of  the  most  illustrious  and  most 
beloved  personage  this  country  has  ever  produced ;  and 
which,  while  it  transmits  to  posterity  your  sense  of  the 
awful  event,  faintly  represents  your  knowledge  of  the 
consummate  excellence  you  so  cordially  honor. 

Desperate  indeed  is  any  attempt  on  earth  to  meet  cor- 
respondingly this  dispensation  of  Heaven  ;  for,  while  with 
pious  resignation  we  submit  to  the  will  of  an  all-gracious 
Providence,  we  can  never  cease  lamenting,  in  our  finite 
view  of  Omnipotent  Wisdom,  the  heart-rending  privation 
for  which  our  nation  weeps.  When  the  civilized  world 
shakes  to  its  centre  ;  when  every  moment  gives  birth  to 
strange  and  momentous  changes ;  when  our  peaceful 
quarter  of  the  globe,  exempt  as  it  happily  has  been  from 
any  share  in  the  slaughter  of  the  human  race,  may  yet  be 
compelled  to  abandon  her  pacific  policy,  and  to  risk  the 
doleful  casualties  of  war :  What  limit  is  there  to  the 
extent  of  our  loss  ? — None  within  the  reach  of  my  words 
to  express;  none  which  your  feelings  will  not  disavow. 


248 

The  founder  of  our  federate  republic — our  bulwark  in 
\\ar,  our  guide  in  peace,  is  no  more  !  Oh  that  this  were 
but  questionable  !  Hope,  the  comforter  of  the  wretched, 
would  pour  into  our  agonizing  hearts  its  balmy  dew. 
But,  alas !  there  is  no  hope  for  us ;  our  Washington  is 
removed  forever!  Possessing  the  stoutest  frame,  and 
purest  mind,  he  had  passed  nearly  to  his  sixty-eighth 
year,  in  the  enjoyment  of  high  health,  when,  habituated 
by  his  care  of  us  to  neglect  himself,  a  slight  cold,  dis- 
regarded, became  inconvenient  on  Friday,  oppressive  on 
Saturday,  and,  defying  every  medical  interposition,  before 
the  morning  of  Sunday,  put  an  end  to  the  best  of  men. 
An  end  did  I  say  ? — his  fame  survives  ! — bounded  only 
by  the  limits  of  the  earth,  and  by  the  extent  of  the  human 
mind.  He  survives  in  our  hearts,  in  the  growing  know- 
ledge of  our  children,  in  the  affections  of  the  good 
throughout  the  world;  and  when  our  monuments  shall 
be  done  away  ;  when  nations  now  existing  shall  be  no 
more ;  when  even  our  young  and  far-spreading  empire 
shall  have  perished,  still  will  our  Washington's  glory  un- 
laded shine,  and  die  not,  until  love  of  virtue  cease  on 
earth,  or  earth  itself  sinks  into  r.haos. 

How,  my  fellow'-citizens,  shall  I  single  to  your  grateful 
hearts  his  pre-eminent  worth!  Where  shall  I  begin  in 
opening  to  your  view  a  character  throughout  sublime? 
Shall  I  speak  of  his  warlike  achievements,  all  springing 
from  obedience  to  his  country's  will — all  directed  to  his 
country's  good  ? 

Will  you  go  with  me  to  the  banks  of  the  Monongahela, 
to  see  your  youthful  Washington,  supporting,  in  the  dismal 
hour  of  Indian  victory,  the  ill-fated  Braddock,  and  saving, 
by  his  judgment  and  by  his  valor,  the  remains  of  a  de- 


249 

feated  army,  pressed  by  the  conquering  savage  foe  ?  Or, 
when  oppressed  America,  nobly  resolving  to  risk  her  all 
in  defence  of  her  violated  rights,  he  was  elevated  by  the 
unanimous  voice  of  Congress  to  the  command  of  her 
armies : — Will  you  follow  him  to  the  high  grounds  of 
Boston,  where  to  an  undisciplined,  courageous,  and  vir 
tuous  yeomanry,  his  presence  gave  the  stability  of  system, 
and  infused  the  invincibility  of  love  of  country ;  or  shall 
I  carry  you  to  the  painful  scenes  of  Long  Island,  York 
Island  and  New  Jersey,  when,  combating  superior  and 
gallant  armies,  aided  by  powerful  fleets,  and  led  by  chiefs 
nigh  in  the  roll  of  fame,  he  stood,  the  bulwark  of  our  safety ; 
undismayed  by  disaster ;  unchanged  by  change  of  for 
tune.  Or  will  you  view  him  in  the  precarious  fields  of 
Trenton,  where  deep  gloom  unnerving  every  arm,  reigned 
triumphant  through  our  thinned,  worn  down,  unaided 
ranks  ;  himself  unmoved.  Dreadful  was  the  night.  It 
was  about  this  time  of  winter — the  storm  raged — the 
Delaware  rolling  furiously  with  floating  ice,  forbade  the 
approach  of  man.  Washington,  self-collected,  viewed 
the  tremendous  scene — his  country  called ;  unappalled 
by  surrounding  dangers,  he  passed  to  the  hostile  shore  ; 
he  fought ;  he  conquered.  The  morning  sun  cheered  the 
American  world.  Our  country  rose  on  the  event;  and 
her  dauntless  chief,  pursuing  his  blow,  completed  in  the 
lawns  of  Princeton,  what  his  vast  soul  had  conceived  on 
the  shores  of  Delaware. 

Thence  to  the  strong  grounds  of  Morristown  he  led  his 
small  but  gallant  band  ;  and  through  an  eventful  winter, 
by  the  high  efforts  of  his  genius,  whose  matchless  force 
was  measurable  only  by  the  growth  of  difficulties,  he 
held  in  check  formidable  hostile  legions,  conducted  by  a 

25 


250 

chief  experienced  in  the  art  of  war,  and  famed  for  his 
valor  on  the  ever  memorable  heights  of  Abraham,  where 
fell  Wolfe,  Montcahn,  and  since,  our  much  lamented 
Montgomery — all  covered  with  glory.  In  this  fortunate 
interval,  produced  by  his  masterly  conduct,  our  fathers, 
ourselves,  animated  by  his  resistless  example,  rallied 
around  our  country's  standard,  and  continued  to  follow 
her  beloved  chief  through  the  various  and  trying  scenes 
to  which  the  destinies  of  our  Union  led. 

Who  is  there  that  has  forgotten  the  vales  of  Brandy- 
wine — the  fields  of  Germantown — or  the  plains  of  Mon- 
mouth  ?  Everywhere  present,  wants  of  every  kind 
obstructing,  numerous  and  valiant  armies  encountering, 
himself  a  host,  he  assuaged  our  sufferings,  limited  oui 
privations,  and  upheld  our  tottering  republic.  Shall  I 
display  to  you  the  spread  of  the  fire  of  his  soul,  by 
rehearsing  the  praises  of  the  Hero  of  Saratoga,  and  his 
much  loved  compeer  of  the  Carolinas  ?  No ;  our  Wash- 
ington wears  no  borrowed  glory :  to  Gates — to  Greene, 
he  gave  without  reserve  the  applause  due  to  their  emi- 
nent merit ;  and  long  may  the  chiefs  of  Saratoga,  and 
of  Eutaws,  receive  the  grateful  respect  of  a  grateful 
people. 

Moving  in  his  own  orbit,  he  imparted  heat  and  light  to 
his  most  distant  satellites ;  and  combining  the  physical 
and  moral  force  of  all  within  his  sphere,  with  irresistible 
weight  he  took  his  course,  commiserating  folly,  disdaining 
vice,  dismaying  treason,  and  invigorating  despondency; 
until  the  auspicious  hour  arrived,  when,  united  with  the 
intrepid  forces  of  a  potent  and  magnanimous  ally,  he 
brought  to  submission  the  since  conqueror  of  India  ;  thus 
finishing  his  long  career  of  military  glory  with  a  lustre 


251 

corresponding  to  his  great  name,  and  in  this  his  last  "act 
of  war  affixing  the  seal  of  fate  to  our  nation's  birth. 

To  the  horrid  din  of  battle  sweet  peace  succeeded , 
and  our  virtuous  chief,  mindful  only  of  the  common  good, 
in  a  moment  tempting  personal  aggrandizement,  hushed 
the  discontents  of  growing  sedition  ;  and,  surrendering  his 
power  into  the  hands  from  which  he  had  received  it,  con- 
verted his  sword  into  a  ploughshare,  teaching  an  admiring 
world  that  to  be  truly  great,  you  must  be  truly  good. 

Was  I  to  stop  here,  the  picture  would  be  incomplete, 
and  the  task  imposed  unfinished.  Great  as  was  our 
Washington  in  war,  and  as  much  as  did  that  greatness 
contribute  to  produce  the  American  Republic,  it  is  not  in 
war  alone  his  pre-eminence  stands  conspicuous.  His 
various  talents  combining  all  the  capacities  of  a  states- 
man with  those  of  a  soldier,  fitted  him  alike  to  guide  the 
councils  and  the  armies  of  our  nation.  Scarcely  had  he 
rested  from  his  martial  toils,  while  his  invaluable  parental 
advice  was  still  sounding  in  our  ears,  when  he  who  had 
been  our  shield  and  our  sword,  was  called  forth  to  act  a 
loss  splendid  but  more  important  part. 

Possessing  a  clear  and  penetrating  mind,  a  strong  and 
sound  judgment,  calmness  and  temper  for  deliberation, 
with  invincible  firmness,  and  perseverance  in  resolutions 
maturely  formed,  drawing  information  from  all,  acting 
from  himself,  with  incorruptible  integrity  and  unvarying 
patriotism :  his  own  superiority  and  the  public  confidence 
alike  marked  him  as  the  man  designed  by  Heaven  to  lead 
in  the  great  political  as  well  as  military  events  which 
have  distinguished  the  era  of  his  life. 

The  finger  of  an  overruling  providence,  pointing  at 
Washington,  was  neither  mistaken  nor  unobserved ; 


252 

when,  to  realize  the  vast  hopes  to  which  our  revolution 
had  given  birth,  a  change  of  political  system  became 
indispensable. 

How  novel,  how  grand  the  spectacle !  Independent 
states  stretched  over  an  immense  territory,  and  known 
only  by  common  difficulty,  clinging  to  their  union  as  the 
rock  of  their  safety,  deciding  by  frank  comparison  of 
their  relative  condition,  to  rear  on  that  rock,  under  the 
guidance  of  reason,  a  common  government,  through 
whose  commanding  protection,  liberty  and  order,  with 
their  long  train  of  blessings,  should  be  safe  to  them- 
selves, and  the  sure  inheritance  of  their  posterity. 

This  arduous  task  devolved  on  citizens  selected  by  the 
people,  from  knowledge  of  their  wisdom  and  confidence 
in  their  virtue.  In  this  august  assembly  of  sages  and 
patriots,  Washington  of  course  was  found ;  and,  as  if 
acknowledged  to  be  most  wise,  where  all  were  wise,  with 
one  voice  he  was  declared  their  chief.  How  well  he 
merited  this  rare  distinction,  how  faithful  were  the  labours 
of  himself  and  his  compatriots,  the  work  of  their  hands 
and  our  union,  strength  and  prosperity,  the  fruits  of  that 
work,  best  attest. 

But  to  have  essentially  aided  in  presenting  to  his 
country  this  consummation  of  her  hopes,  neither  satisfied 
the  claims  of  his  fellow-citizens  on  his  talents,  nor  those 
duties  which  the  possession  of  those  talents  imposed. 
Heaven  had  not  infused  into  his  mind  such  an  uncommon 
share  of  its  ethereal  spirit  to  remain  unemployed,  nor 
bestowed  on  him  his  genius  unaccompanied  with  the  cor- 
responding duty  of  devoting  it  to  the  common  good.  To 
have  framed  a  Constitution,  was  showing  only,  without 
ealizing,  the  general  happiness.  This  great  work  re- 


253 

mained  to  be  done  ;  and  America,  steadfast  in  her  prefer- 
ence, with  one  voice  summoned  her  beloved  Washington, 
unpractised  as  he  was  in  the  duties  of  civil  administra- 
tion, to  execute  this  last  act  in  the  completion  of  the 
national  felicity.  Obedient  to  her  call,  he  assumed  the 
high  office  with  that  self-distrust  peculiar  to  his  innate 
modesty,  the  constant  attendant  of  pre-eminent  virtue. 
What  was  the  burst  of  joy  through  our  anxious  land  on 
this  exhilarating  event  is  known  to  us  all.  The  aged, 
the  young,  the  brave,  the  fair,  rivaled  each  other  in 
demonstrations  of  their  gratitude  ;  and  this  high-wrought, 
delightful  scene  was  heightened  in  its  effect,  by  the  sin- 
gular contest  between  the  zeal  of  the  bestowers  and  the 
avoidance  of  the  receiver  of  the  honors  bestowed.  Com- 
mencing his  administration,  what  heart  is  not  charmed 
with  the  recollection  of  the  pure  and  wise  principles  an- 
nounced by  himself,  as  the  basis  of  his  political  life.  He 
best  understood  the  indissoluble  union  between  virtue  and 
happiness,  between  duty  and  advantage,  between  the 
genuine  maxims  of  an  honest  and  magnanimous  policy, 
and  the  solid  rewards  of  public  prosperity  and  individual 
felicity  ;  watching  with  an  equal  and  comprehensive  eye 
over  this  great  assemblage  of  communities  and  interests, 
he  laid  the  foundations  of  our  national  policy  in  the  un- 
erring, immutable  principles  of  morality,  based  on  reli- 
gion, exemplifying  the  pre-eminence  of  a  free  govern- 
ment ;  by  all  the  attributes  which  win  the  affections  of 
its  citzens,  or  command  the  respect  of  the  world. 

"  0  fortunatos  minium,  sua  si  bona  norint !" 

Leading  through  the  complicated  difficulties  produced 
by  previous  obligations  and  conflicting  interests,  seconded 

25* 


by  succeeding  houses  of  Congress,  enlightened  and  pa- 
triotic, he  surmounted  all  original  obstruction,  and  bright- 
ened the  path  of  our  national  felicity. 

The  presidential  term  expiring,  his  solicitude  to  ex- 
change exaltation  for  humility  returned  with  a  force 
increased  with  increase  of  age ;  and  he  had  prepared  his 
farewrell  address  to  his  countrymen,  proclaiming  his  inten- 
tion, when  the  united  interposition  of  all  around  him, 
enforced  by  the  eventful  prospects  of  the  epoch,  produced 
a  further  sacrifice  of  inclination  to  duty.  The  election 
of  President  followed,  and  Washington,  by  the  unani- 
mous vote  of  the  nation,  was  called  to  resume  the  Chief 
Magistracy.  What  a  wonderful  fixture  of  confidence  ! 
Which  attracts  most  our  admiration,  a  people  so  correct, 
or  a  citizen  combining  an  assemblage  of  talents  forbid- 
ding rivalry,  and  stifling  even  envy  itself?  Such  a  nation 
ought  to  be  happy,  such  a  chief  must  be  for  ever  revered. 

War,  long  menaced  by  the  Indian  tribes,  now  broke 
out;  and  the  terrible  conflict,  deluging  Europe  with 
blood,  began  to  shed  its  baneful  influence  over  our 
happy  land.  To  the  first,  outstretching  his  invincible 
arm,  under  the  orders  of  the  gallant  Wayne,  the  Ameri- 
can eagle  soared  triumphant  through  distant  forests. 
Peace  followed  victory ;  and  the  melioration  of  the  con- 
dition of  the  enemy  followed  peace.  Godlike  virtue, 
which  uplifts  even  the  subdued  savage. 

To  the  second  he  opposed  himself.  New  and  delicate 
was  the  conjuncture,  and  great  was  the  stake.  Soon  did 
his  penetrating  mind  discern  and  seize  the  only  course, 
continuing  to  us  all  the  felicity  enjoyed.  He  issued  his 
proclamation  of  neutrality.  This  index  to  his  whole 
subsequent  conduct  was  sanctioned  by  the  approbation 


255 

of  both  houses  of  Congress,  and  by  the  approving  voice 
of  the  people. 

To  this  sublime  policy  he  inviolably  adhered,  unmoved 
by  foreign  intrusion,  unshaken  by  domestic  turbulence. 

"  Justum  et  tenacem  propositi  virum, 
Non  civium  ardor  prava  jubentium, 
Non  vultus  instantis  tyranni, 
Mente  quatit  folida." 

Maintaining  his  pacific  system  at  the  expense  of  no 
duty,  America,  faithful  to  herself,  and  sustained  in  her 
honor,  continued  to  enjoy  the  delights  of  peace,  while 
afflicted  Europe  mourns  in  every  quarter  under  the  accu- 
mulated miseries  of  an  unexampled  war ;  miseries  in 
which  our  happy  country  must  have  shared,  had  not  our 
pre-eminent  Washington  been  as  firm  in  council  as  he 
was  brave  in  the  field. 

Pursuing  steadfastly  his  course,  he  held  safe  the  public 
happiness,  preventing  foreign  war,  and  quelling  internal 
discord,  till  the  revolving  period  of  a  third  election 
approached,  when  he  executed  his  interrupted  but  inex- 
tinguishable desire  of  returning  to  the  humble  walks  of 
private  life. 

The  promulgation  of  his  fixed  resolution  stopped  the 
anxious  wishes  of  an  affectionate  people,*  from  adding  a 
third  unanimous  testimonial  of  their  unabated  confidence 
in  the  man  so  long  enthroned  in  their  hearts.  When  be  • 
fore  was  affection  like  this  exhibited  on  earth  ?  Turn 
over  the  records  of  ancient  Greece  !  Review  the  annals 
of  mighty  Rome !  Examine  the  volumes  of  modern 
Europe ;  you  search  in  vain.  America  and  her  Wash- 
ington only  afford  the  dignified  exemplification.  The 


256 

illustrious  personage  called  by  the  national  voice  in  suc- 
cession to  the  arduous  office  of  guiding  a  free  people, 
had  new  difficulties  to  encounter.  The  amicable  effort 
of  settling  our  difficulties  with  France,  begun  by  Wash- 
ington, and  pursued  by  his  successor  in  virtue  as  in  sta- 
tion, proving  abortive,  America  took  measures  of  self- 
defence.  No  sooner  was  the  public  mind  roused  by  a 
prospect  of  danger,  than  every  eye  was  turned  to  the 
friend  of  all,  though  secluded  from  public  view,  and  gray 
in  public  service.  The  virtuous  veteran  following  his 
plough,  received  the  unexpected  summons  with  mingled 
emotions  of  indignation  at  the  unmerited  ill-treatment  of 
his  country,  and  of  a  determination  once  more  to  risk 
his  all  in  her  defence. 

The  annunciation  of  these  feelings,  in  his  affecting 
letter  to  the  President,  accepting  the  command  of  the 
army,  concludes  his  official  conduct. 

First  in  war,  first  in  peace,  and  first  in  the  hearts  of  his 
countrymen,  he  was  second  to  none  in  the  humble  and 
endearing  scenes  of  private  life:  pious,  just,  humane, 
temperate,  and  sincere,  uniform,  dignified,  and  com- 
manding, his  example  was  as  edifying  to  all  around  him 
as  were  the  effects  of  that  example  lasting. 

To  his  equals  he  was  condescending ;  to  his  inferiors 
kind  ;  and  to  th'e  dear  object  of  his  affections  exemplarily 
tender.  Correct  throughout,  vice  shuddered  in  his  pre- 
sence, and  virtue  always  felt  his  fostering  hand  ;  the 
purity  of  his  private  character  gave  effulgence  to  his 
public  virtues. 

His  last  scene  comported  with  the  whole  tenor  of  his 
life  ;  although  in  extreme  pain,  not  a  sigh,  not  a  groan 
escaped  him  ;  and  with  undisturbed  serenity  he  closed 


257 

his  well-spent  life.  Such  was  the  man  America  has  lost . 
such  was  the  man  for  whom  our  nation  mourns !  Methinks 
I  see  his  august  image,  and  hear,  falling  from  his  vener- 
able lips,  these  deep-sinking  words  : 

"  Cease,  sons  of  America,  lamenting  our  separation : 
go  on,  and  confirm  by  your  wisdom  the  fruits  of  our  joint 
councils,  joint  efforts,  and  common  dangers.  Reverence 
religion  ;  diffuse  knowledge  throughout  your  land  ;  patron- 
ize the  arts  and  sciences ;  let  liberty  and  order  be  in- 
separable companions;  control  party-spirit,  the  bane  of 
free  government ;  observe  good  faith  to,  and  cultivate 
peace  with  all  nations ;  shut  up  every  avenue  to  foreign 
influence ;  contract  rather  than  extend  national  con- 
nexion; rely  on  yourselves  only;  be  American  in  thought 
and  deed.  Thus  will  you  give  immortality  to  that  union, 
which  was  the  constant  object  of  my  terrestrial  labours. 
Thus  will  you  preserve  undisturbed  to  the  latest  posterity 
the  felicity  of  a  people  to  me  most  dear ;  and  thus  v>  ill 
you  supply  (if  my  happiness  is  now  aught  to  you)  the 
only  vacancy  in  the  round  of  pure  bliss  high  Heaven 
bestows." 


FRIDAY,  DECEMBER  27,  1799. 

On  a  motion  made  and  seconded  that  the  House  do  come  to  the  follow- 
ing resolution,  to  wit : 

The  House  of  Representatives  of  the  United  States,  highly 
gratified  with  the  manner  in  which  Mr.  Lee  has  performed  the  ser- 
vice assigned  to  him,  under  the  resolution  desiring  the  President  of 
the  Senate  and  Speaker  of  the  House  of  Representatives  to  request 
one  of  the  members  of  Congress  to  prepare  and  deliver  a  funeral 
oration  on  the  death  of  George  Washington  ;  and  desirous  of  com- 
municating to  their  fellow-citizens,  through  the  medium  of  the 


258 

press,  those  sentiments  of  respect  for  the  character,  of  gratitude. 
for  the  services,  and  of  grief  for  the  death,  of  that  illustrious  per- 
sonage, which,  felt  by  all,  have,  on  this  melancholy  occasion,  been 
so  well  expressed : 

Resolved,  That  the  Speaker  present  the  thanks  of  this  House  to 
Mr.  Lee,  for  the  oration  delivered  by  him  to  both  Houses  of  Con- 
gress on  Thursday,  the  twenty -sixth  instant ;  and  request  that  he 
will  permit  a  copy  thereof  to  be  taken  for  publication  : 

The  question  was  taken  that  the  House  do  agree  to  the  same, 
And  unanimously  resolved  in  the  affirmative. 

MONDAY,  DECEMBER  30,  1799. 

The  Speaker  informed  the  House  that,  in  pursuance  of  the  resolution 
of  Friday  last,  he  had  addressed  to  Major  General  Henry  Lee,  one  of 
the  members  for  the  State  of  Virginia,  the  following  letter : 

"Philadelphia,  December  27,  1799. 

"DEAR  SIR:  The  enclosed  resolutions, which  unanimously  passed 
the  House  of  Representatives  this  day,  will  make  known  to  you 
how  highly  they  have  been  gratified  with  the  manner  in  which  you 
have  performed  the  service  assigned  to  you,  in  preparing  and  de- 
livering a  funeral  oration  on  the  death  of  General  Washington. 
That  our  constituents  may  participate  in  the  gratification  we  have 
received  from  your  having  so  well  expressed  those  sentiments  of 
respect  for  the  character,  of  gratitude  for  the  services,  and  of  grief 
for  the  death,  of  that  illustrious  personage,  I  flatter  myself  you  will 
not  hesitate  to  comply  with  the  request  of  the  House,  by  furnishing 
a  copy  of  your  oration,  to  be  taken  for  publication. 

"Allow  me,  while  performing  this  pleasing  task  of  official  duty 
in  communicating  an  act  of  the  representatives  of  the  people,  so 
just  to  you  and  so  honorable  to  themselves,  to  embrace  the  oppor- 
tunity to  declare  that 

"  I  am,  personally,  with  great  esteem  and  sincere  regard,  deai 
sir,  your  friend  and  obedient  servant, 

"THEODORE  SEDGWICK. 

"The  honorable  Maj.  Gen.  LEE." 

•To  which  Mr.  Lee  had  replied  as  follows : 


259 

"Franklin  Court,  December  28,  1799. 

"  DEAR  SIR  :  I  owe  to  the  goodness  of  the  House  of  Representa- 
tives the  honor  which  their  resolutions  confer  on  my  humble  efforts 
to  execute  their  wish. 

"  I  can  never  disobey  their  will,  and  therefore  will  furnish  a 
copy*  of  the  oration  delivered  on  the  late  afflicting  occasion,  much 
as  1  had  flattered  myself  with  a  different  disposition  of  it. 

"  Sincerely  reciprocating  the  personal  consideration  with  which 
you  honor  me,  I  am,  very  respectfully,  sir,  your  friend  and  obedient 
servant, 

•*  HENRY  LEE. 

"The  SPEAKER  of  the  House  of  Representatives." 

Mr.  Marshall,  from  the  joint  committee  appointed  to  prepare  and  report 
measures  in  honor  of  the  memory  of  General  George  Washington,  made 
a  further  report,  in  part ;  which  was  read  and  considered:  Whereupon, 

It  was  unanimously  resolved  that  the  House  do  agree  to  the  following 
resolutions : 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  be  recommended 
to  the  people  of  the  United  States  to  assemble,  on  the  twenty- 
second  day  of  February  next,  in  such  numbers  and  manner  as  may 
be  convenient,  publicly  to  testify  their  grief  for  the  death  of  Gene- 
ral George  Washington,  by  suitable  eulogies,  orations,  and  dis- 
courses, or  by  public  prayers. f 

And  it  is  further  resolved,  That  the  President  be  requested  to 
issue  a  proclamation,  for  the  purpose  of  carrying  the  foregoing  reso- 
lution into  effect. 

Ordered,  That  the  clerk  of  this  House  do  carry  the  said  resolutions  to 
the  Senate,  and  desire  their  concurrence. 


*  Vide  the  Oration,  page  217. 

t  In  conformity  with  this  recommendation,  the  people  of  every  city,  town,  vii- 
Iagf;.and  hamlet,  whose  numbers  were  swelled  by  the  neighboring  country-people, 
assembled,  and  with  deep  devotion  rendered  tlteir  heartfelt  tribute  of  affection  for 
the  memory  of  the  Father  of  their  Country.  This  outpouring  of  gratitude  and 
affection  of  a  nation  of  free  citizens  has  never  been  equalled  more  nearly  than  by 
the  spontaneous  and  universal  demonstration  of  this  NATIONAL  VIRTUE  on  the  oc- 
casion of  the  visit  of  General  Lafayette  to  the  United  States,  in  1«24. 


260 

[These  resolutions  were  agreed  to  by  the  Senate  on  the  31st  December, 
1799,  and  approved  by  the  President  of  the  United  States  on  the  6th 
January,  1800.] 

MONDAY,  JANUARY  6,  1800. 

A  message  was  received  from  the  President  of  the  United  States,  by 
Mr.  Adams,  notifying  that  the  President  did,  this  day,  approve  and  sign 
certain  enrolled  resolutions,  which  originated  in  this  House,  directing 
further  measures  in  honor  of  the  memory  of  General  George  Washington. 

Ordered,  That  the  clerk  of  this  House  do  acquaint  the  Senate  there- 
with. 

WEDNESDAY,  JANUARY  8,  1800. 

A  message,  in  writing,  was  received  from  the  President  of  the  United 
States,  by  Mr.  Shaw,  his  secretary,  as  followeth: 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives  .• 

In  compliance  with  the  request  in  one  of  the  resolutions  of  Con- 
gress of  the  twenty-first  of  December  last,  I  transmitted  a  copy  of 
those  resolutions,  by  my  secretary,  Mr.  Shaw,  to  Mrs.  Washing- 
ton, assuring  her  of  the  profound  respect  Congress  will  ever  bear 
to  her  person  and  character;  of  their  condolence  in  the  late  afflict- 
ing dispensation  of  Providence ;  and  entreating  her  assent  to  the 
iritermentT)f  the  remains  of  General  George  Washington,  in  the 
manner  expressed  in  the  first  resolution.  As  the  sentiments  of 
that  virtuous  lady,  not  less  beloved  by  this  nation  than  she  is  at 
present  greatly  afflicted,  can  never  be  so  well  expressed  as  in  her 
own  words,  I  transmit  to  Congress  her  original  letter. 

It  would  be  an  attempt  of  too  much  delicacy  to  make  any  com- 
ments upon  it ;  but  there  can  be  no  doubt  that  the  nation  at  large, 
as  well  as  all  the  branches  of  the  Government,  will  be  highly 
gratified  by  any  arrangement  which  may  diminish  the  sacrifice  she 
makes  of  her  individual  feelings. 

JOHN  ADAMS. 

United  States,  January  6,  1800. 

The  letter  referred  to  in  the  said  message  is  as  follows : 


261 

((Mount  Vernon,  December  31,  1799. 

"  SIR  :  While  I  feel,  with  keenest  anguish,  the  late  dis- 
pensation of  Divine  Providence,  I  cannot  be  insensible  to 
the  mournful  tributes  of  respect  and  veneration  which  are 
paid  to  the  memory  of  my  dear  deceased  husband  ;  and, 
as  his  best  services  and  most  anxious  wishes  were  always 
devoted  to  the  welfare  and  happiness  of  his  country,  to 
know  that  they  were  truly  appreciated  and  gratefully  re- 
membered affords  no  inconsiderable  consolation. 

"  Taught,  by  that  great  example  which  I  have  so  long 
had  before  me,  never  to  oppose  my  private  wishes  to  the 
public  will,  I  must  consent  to  the  request  made  by  Con- 
gress, which  you  have  had  the  goodness  to  transmit  to 
me  ;  and,  in  doing  this,  I  need  not,  I  cannot,  say  what  a 
sacrifice  of  individual  feeling  I  make  to  a  sense  of  public 
duty. 

«  With  grateful  acknowledgments  and  unfeigned  thanks 
for  the  personal  respect  and  evidences  of  condolence  ex- 
pressed by  Congress  and  yourself,  I  remain,  very  respect- 
fully, sir,  your  most  obedient  humble  servant, 

"MARTHA  WASHINGTON." 

The  said  message,  and  letter  accompanying  the  same,  were  read,  and 
ordered  to  be  referred  to  the  joint  committee  appointed  the  nineteenth 
ultimo,  on  receipt  of  the  intelligence  of  the  death  of  General  George 
Washington,  to  prepare  and  report  measures  suitable  to  the  occasion. 

FKIDAT,  MARCH  28,  1800. 
On  motion, 

Resolved,  That  all  letters  and  packets  to  Mrs.  Martha  Washington, 
relict  of  the  late  General  George  Washington,  shall  be  received  and  con- 
veyed by  post,  free  from  postage,  for  and  during  her  life. 

Ordered,  That  a  bill  or  bills  be  brought  in  pursuant  to  the  said  resolu- 
tion ;  and  that  Mr.  Henry  Lee,  Mr.  Kittera  and  Mr.  Dennis,  do  prepare 
and  bring  in  the  same. 

26 


262 

Mr.  Henry  Lee,  from  the  committee  appointed,  presented,  according 
to  order,  a  hill  to  extend  the  privilege  of  franking  letters  and  packages 
to  Martha  Washington ;  which  was  received,  and  read  the  first  time. 

On  motion,  the  said  bill  was  read  the  second  time,  and  ordered  to  be 
engrossed,  and  read  the  third  time  on  Monday  next. 

MONDAY,  MARCH  31,  1800. 

An  engrossed  bill  to  extend  the  privilege  of  franking  letters  and  pack- 
ages to  Martha  Washington,  was  read  the  third  time. 

Resolved,  That  the  said  bill  do  pass  :— 

AN  ACT  to  extend  the  privilege  of  franking  letters  and 
packages  to  Martha  Washington. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  as- 
sembled, That  all  letters  and  packages  to  and  from  Martha 
Washington,  shall  be  received  and  conveyed  by  post  free 
of  postage,  for  and  during  her  life. 

[This  act  was  passed  by  the  Senate  on  the  1st  of  April,  and  approved 
by  the  President  of  the  United  States,  on  the  3d  April,  1800.] 


IN  THE  SENATE  OF  THE  UNITED  STATES. 
THURSDAY,  DECEMBER  19,  1799. 

The  following  written  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Shaw,  his  secretary : 

Gentlemen  of  the  Senate,  and 

Gentlemen  of  the  House  of  Representatives : 
The  letter  herewith  transmitted*  will  inform  you  that  it 
has  pleased  Divine  Providence  to  remove  from  this  life 

*  See  letter  from  Tobias  Lear  on  page  243. 


263 

our  excellent  fellow- citizen  George  Washington  ;  by  the 
purity  of  his  character,  and  a  long  series  of  services  to 
his  country  rendered  illustrious  through  the  world.  It 
remains  for  an  affectionate  and  grateful  people,  in  whose 
hearts  he  can  never  die,  to  pay  suitable  honors  to  his 
memory.  JOHN  ADAMS. 

United  States,  December  19,  1799. 


The  message  and  letter  were  read. 
Ordered,  That  they  lie  for  consideration. 

A  message  from  the  House  of  Representatives,  by  Mr.  Oswald,  in  the 
absence  of  their  clerk : 

Mr.  President:  The  House  of  Representatives  having  received  intelli- 
gence of  the  death  of  their  highly- valued  fellow-citizen,  General  George 
Washington,  and  sharing  the  universal  .grief  this  distressing  event  must 
produce,  have  Resolved,  That  a  joint  committee  be  appointed,  to  report 
measures  suitable  to  the  occasion,  and  expressive  of  the  profound  sorrow 
with  which  Congress  is  penetrated  on  the  loss  of  a  citizen,  first  in  war, 
first  in  peace,  and  first  in  the  hearts  of  his  countrymen ;  and  having  ap- 
pointed a  committee  on  their  part,  desire  the  concurrence  of  the  Senate. 
And  he  withdrew. 

The  Senate  proceeded  to  consider  the  foregoing  resolution  of  the  House 
of  Representatives.  Whereupon, 

Resolved,  That  they  do  concur  therein,  and  that  Messrs.  Dayton,  Bing- 
ham,  Dexter,  Gunn,  Laurance,  Tracy,  and  Read,  be  the  committee  on 
the  part  of  the  Senate. 

Ordered,  That  the  Secretary  acquaint  the  House  of  Representatives 
with  the  concurrence. 

On  motion, 

Resolved,  That  the  Senate  will  wait  on  the  President  of  the  United 
States,  to  condole  with  him  on  the  distressing  event  of  the  death  of  Gene- 
ral George  Washington ;  and  that  a  committee  be  appointed  to  prepare, 
for  that  occasion,  an  address  to  the  President  of  the  United  States,  ex- 
pressive of  the  deep  regret  of  the  Senate  ;  and  that  this  committee  con- 
sist of  Messrs.  Dexter,  floss,  and  Read. 

On  motion, 

Resolved,  That  the  chairs  in  the  Senate  chamber  be  covered,  and  the 
room  hung  with  black,  and  that  each  member,  and  the  officers  of  the 


264 

.Senate,  go  into  mourning,  by  the  usual  mode  of  wearing  a  crape  round 
the  left  arm,  during  the  session. 
The  Senate  adjourned  to  11  o'clock  on  Monday  morning. 

MONDAY,  DECEMBER  23,  1799. 

Mr.  Dexter,  from  the  committee,  appointed  for  the  purpose  on  the  18th 
inst.,  reported  the  draught  of  an  address  to  the  President  of  the  United 
States,  on  the  death  of  General  George  Washington;  which  being  read 
in  paragraphs,  was  adopted,  as  follows  : 

To  the  President  of  the  United  States : 

The  Senate  of  the  United  States  respectfully  take  leave, 
sir,  to  express  to  you  their  deep  regret  for  the  loss  their 
country  sustains  in  the  death  of  General  George  Wash- 
ington. 

This  event,  so  distressing  to  all  our  fellow-citizens, 
must  be  peculiarly  heavy  to  you,  who  have  long  been  as- 
sociated with  him  in  deeds  of  patriotism.  Permit  us,  sir, 
to  mingle  our  tears  with  yours ;  on  this  occasion  it  is 
manly  to  weep.  To  lose  sugh  a  man,  at  such  a  crisis,  is 
no  common  calamity  to  the  world :  our  country  mourns 
her  Father.  The  Almighty  Disposer  of  human  events  has 
taken  from  us  our  greatest  benefactor  and  ornament.  It 
becomes  us  to  submit  with  reverence  to  him  who  «'  maketh 
darkness  his  pavilion." 

With  patriotic  pride  we  review  the  life  of  our  Wash- 
ington, and  compare  him  with  those  of  other  countries, 
who  have  been  pre-eminent  in  fame.  Ancient  and  modern 
names  are  diminished  before  him.  Greatness  and  guilt 
have  too  often  been  allied  ;  but  his  fame  is  whiter  than  it 
is  brilliant.  The  destroyers  of  nations  stood  abashed  at 
the  majesty  of  his  virtue.  It  reproved  the  intemperance 
of  their  ambition,  and  darkened  the  splendor  of  victory. 
The  scene  is  closed,  and  we  are  no  longer  anxious  lest 


265 

misfortune  should  sully  his  glory ;  he  has  travelled  to  the 
end  of  his  journey,  and  carried  with  him  an  increasing 
weight  of  honor;  he  has  deposited  it  safely,  where  mis- 
fortune cannot  tarnish  it,  where  malice  cannot  blast  it. 
Favored  of  Heaven,  he  departed  without  exhibiting  the 
weakness  of  humanity.  Magnanimous  in  death,  the  dark- 
ness of  the  grave  could  not  obscure  his  brightness. 

Such  was  the  man  whom  we  deplore.  Thanks  to  God! 
his  glory  is  consummated  ;  Washington  yet  lives — on  earth 
in  his  spotless  example — his  spirit  is  in  heaven. 

Let  his  countrymen  consecrate  the  memory  of  the  he- 
roic general,  the  patriotic  statesman,  and  the  virtuous 
sage  ;  let  them  teach  their  children  never  to  forget  that  the 
fruit  of  his  labors  and  his  example  are  their  inheritance. 

SAMUEL  LIVERMORE, 
President  of  the  Senate,  pro  tempore. 

Ordered,  That  the  committee  who  prepared  the  address,  wait  on  the 
President  of  the  United  States,  and  desire  him  to  acquaint  the  Senate  at 
what  time  and  place  it  will  be  most  convenient  for  him  that  it  should  be 
presented. 

Mr.  Dexter  reported,  from  the  committee,  that  they  had  waited  on  the 
President  of  the  United  States,  and  that  he  had  acquainted  them  that  he 
would  receive  the  address  of  the  Senate  immediately,  at  his  own  house. 

Whereupon,  the  Senate  waited  on  the  President  of  the  United  States, 
and  the  President  of  the  Senate,  in  their  name,  presented  the  address 
this  day  agreed  to. 

To  which  the  President  of  the  United  States  was  pleased  to  make  the 
following  reply  :— 

Gentlemen  of  the  Senate  ; 

I  receive,  with  the  most  respectful  and  affectionate 
sentiments,  in  .this  impressive  address,  the  obliging  ex- 
pressions of  your  regard  for  the  loss  our  country  has  sus* 

26* 


266 

tained  in  the  death  of  her  most  esteemed,  beloved,  and 
admired  citizen. 

In  the  multitude  of  my  thoughts  and  recollections  on 
this  melancholy  event,  you  will  permit  me  only  to  say, 
that  I  have  seen  him  in  the  days  of  adversity,  in  some  of 
the  scenes  of  his  deepest  distress  and  most  trying  per- 
plexities :  I  have  also  attended  him  in  his  highest  eleva- 
tion, and  most  prosperous  felicity,  with  uniform  admiration 
of  his  wisdom,  moderation,  and  constancy. 

Among  all  our  original  associates  in  that  memorable 
league  of  the  continent  in  1774,  which  first  expressed  the 
sovereign  will  of  a  free  nation  in  America,  he  was  the 
only  one  remaining  in  the  general  government. 

Although,  with  a  constitution  more  enfeebled  than  his, 
at  an  age  when  he  thought  it  necessary  to  prepare  for  re- 
tirement, I  feel  myself  alone,  bereaved  of  my  last  brother; 
yet  I  derive  a  strong  consolation  from  the  unanimous  dis- 
position which  appears,  in  all  ages  and  classes,  to  mingle 
their  sorrows  with  mine,  on  this  common  calamity  to  the 
world. 

The  life  of  our  Washington  cannot  suffer  by  a  com- 
parison with  those  of  other  countries  who  have  been  most 
celebrated  and  exalted  by  fame.  The  'attributes  and 
decorations  of  royalty  could  have  only  served  to  eclipse 
the  majesty  of  those  virtues  which  made  him,  from  being 
a  modest  citizen,  a  more  resplendent  luminary.  Misfor- 
tune, had  he  lived,  could  hereafter  have  sullied  his  glory 
only  with  those  superficial  minds,  who,  believing  that  cha- 
racters and  actions  are  marked  by  success  alone,  rarely  de- 
serve to  enjoy  it.  Malice  could  never  blast  his  honor,  and 
envy  made  him  a  singular  exception  to  hei> universal  rule. 
For  himself,  he  had  lived  enough  to  life,  and  to  glory. 


267 

For  his  fellow-citizens,  if  their  prayers  could  have  been 
answered,  he  would  have  been  immortal.  For  me,  his 
departure  is  at  a  most  unfortunate  moment.  Trusting, 
however,  in  the  wise  and  righteous  dominion  of  Provi- 
dence over  the  passions  of  men,  and  the  results  of  their 
councils  and  actions,  as  well  as  over  their  lives,  nothing 
remains  for  me  but  humble  resignation. 

His  example  is  now  complete,  and  it  will  teach  wisdom 
and  virtue  to  magistrates,  citizens,  and  men,  not  only  in 
the  present  age,  but  in  future  generations,  as  long  as  our 
history  shall  be  read.  If  a  Trajan  found  a  Pliny,  a  Mar- 
cus Aurelius  can  never  want  biographers,  eulogists,  or 
historians.  JOHN  ADAMS. 

United  Slates,  December  23,  1799. 

The  Senate  returned  to  their  own  chamber. 

A  message  from  the  House  of  Representatives,  by  Mr.  Condy,  their 
Clerk: 

Mr.  President:  The  joint  committee  appointed  on  the  part  of  the 
House  of  Representatives,  on  the  19th  instant,  on  the  receipt  of  the  in- 
telligence of  the  death  of  General  George  Washington,  having  made 
report  to  that  House,  they  have  agreed  to  sundry  resolutions  thereupon, 
in  which  they  desire  the  concurrence  of  the  Senate.  And  he  withdrew. 

Mr.  Dayton,  from  the  joint  committee,  appointed  the  19th  instant,  on 
the  part  of  the  Senate,  on  the  receipt  of  the  intelligence  of  the  death  of 
General  George  Washington,  reported  in  past,  and  the  report  was  agreed 
to.  Whereupon, 

Resolved,  unanimously,  That  the  Senate  do  concur  in  the  aforesaid 
resolutions. 

THURSDAY,  DECEMBER  26,  1799. 

In  conformity  to  the  resolve  of  the  23d  instant,  the  Senate  went  in 
procession  to  the  German  Lutheran  Church,  where  was  delivered  an 
oration*  in  honor  of  the  memory  of  General  George  Washington.  After 
which,  they  returned  to  their  own  chamber ;  and 

Adjourned  to  11  o'clock  to-morrow  morning. 

*  See  oration  of  Henry  Lee,  p.  247 


268 

FRIDAY,  DECEMBER  27,  1799. 

On  motion, 

Resolved,  That  the  thanks  of  the  Senate  be  communicated,  through 
kheir  President,  to  General  Henry  Lee,  for  the  eloquent  and  impressive 
oration  to  the  memory  of  General  George  Washington,  which  he  pre- 
pared and  delivered  at  the  request  of  Congress. 

Resolved,  That  the  Secretary  be  directed  to  apply  to  General  Lee  for 
a  copy  of  the  same. 


269 


CHAPTER  5. 

INAUGURAL  ADDRESSES  OF  THE  PATRIOTS  AND  SAGES 
OF  THE  REVOLUTION,  WHO  WERE  ELEVATED  BY  THE 
SUFFRAGES  OF  THEIR  FELLOW-CITIZENS  TO  THE 
OFFICE  OF  PRESIDENT  OF  THE  UNITED  STATES. 

1.  In  seeking,  among  the  great  mass  of  literary  matter  that  has 
emanated  from  the  able  and  intelligent  minds  and  honest  hearts  of 
the  statesmen  of  the  Revolution,  for  compositions  or  productions 
which  imbody  more  completely  than  any  others,  and  within  the 
smallest  compass,  the  true  principles,  objects, 'and  designs,  duties 
and  responsibilities,  of  the  American  Government  under  the  Con- 
stitution, none  can  be  found  comparable  to  the  inaugural  addresses 
of  those  wise  and  true  patriots  who  brought  with  them  to  the  pre- 
sidential office,  not  only  the  experience  they  had  acquired  in  those 
times  when  the  energies  and  resources  of  the  stoutest  hearts  and 
ablest  minds  were  constantly  in  requisition,  but  the  advantages  of 
the  highest  intelligence,  resulting  from  that  investigation  of  causes, 
and  deliberation  upon  effects,  constituting  the  prominent  character- 
istics of  truly  great  minds.  These  worthy  spirits  had  witnessed 
and  felt  the  oppression  of  the  colonial  system  of  bondage ;  the 
want  of  a  general  government  for  the  United  Colonies  in  the  com- 
mencement and  progress  of  the  Revolution;  the  total  inefficiency 
of  the  old  form  of  government  under  the  Confederation ;  and  some 
had  taken  part  in,  while  all  had  been  eye-witnesses  of,  the  efficient 
and  paternal  administration  of  government  under  the  Constitution 
by  the  great  and  good  Washington.  The  sentiments  and  princi- 
ples emanating  from  such  sources,  upon  a  subject  so  momentous, 
cannot  fail  to  be  highly  interesting  and  instructive  to  the  young 
statesmen  and  patriots  of  our  country ;  while,  to  every  American 
citizen  capable  of  reading  and  understanding,  they  will  be  an  in 
valuable  means  of  judging  properly  of  the  views  and  princip^s 


270 

of  the  public  men  who  may  be  candidates  for  their  suffrage  and 
favor ;  for,  if  their  declarations  and  sentiments  contradict  those 
contained  in  these  inaugural  addresses,  doubts  may  well  be  enter- 
tained of  their  soundness  or  sincerity,  and  every  man  will  be  jus- 
tified, in  the  exercise  of  his  birthright  as  an  American  citizen,  in 
supporting  the  Constitution  as  understood  and  executed  by  its 
fratners  and  best  friends. 

2.  THE   INAUGURAL   ADDRESS   OF   GEORGE  WASHING- 

TON, PRESIDENT  OF  THE  UNITED  STATES, 

APRIL  30,  1789, 
(Will  be  found  with  his  political  acts  in  Chapter  4,  p.  211.) 

3.  INAUGURAL  ADDRESS  OF  JOHN  ADAMS,  PRESIDENT 

OP  THE  UNITED  STATES. 

MARCH  4,  1797. 

When  it  was  first  perceived,  in  early  times,  that  no  middle 
course  for  America  remained  between  unlimited  submission  to  a 
foreign  legislature  and  a  total  independence  of  its  claims,  men  of 
reflection  were  less  apprehensive  of  danger  from  the  formidable 
power  of  fleets  and  armies  they  must  determine  to  resist,  than  from 
those  contests  and  dissensions  which  would  certainly  arise  con- 
cerning the  forms  of  government  to  be  instituted  over  the  whole 
and  over  the  parts  of  this  extensive  country.  Relying,  however, 
on  the  purity  of  their  intentions,  the  justice  of  their  cause,  and  the 
integrity  and  intelligence  of  the  people,  under  an  overruling  Pro- 
vidence, which  had  so  signally  protected  this  country  from  the 
first,  the  representatives  of  this  nation,  then  consisting  of  little 
more  than  half  its  present  number,  not  only  broke  to  pieces  the 
chains  which  were  forging,  and  the  rod  of  iron  that  was  lifted  up, 
but  frankly  cut  asunder  the  ties  which  had  bound  them,  and 
launched  into  an  ocean  of  uncertainty. 

The  zeal  and  ardor  of  the  people,  during  the  revolutionary  war, 
supplying  the  place  of  government,  commanded  a  degree  of  order, 
sufficient  at  least  for  the  temporary  preservation  of  society.  The 
Confederation,  which  was  early  felt  to  be  necessary,  was  prepared 
from  the  models  of  the  Batavian  and  Helvetic  confederacies — the 
only  examples  which  remain,  with  any  detail  and  precision,  in 
history,  and  certainly  the  only  ones  which  the  people  at  large  had 
f.ver  considered.  But,  reflecting  on  the  striking  difference,  in  so 
inany  particulars,  between  this  country  and  those  where  a  courier 


271 

may  go  from  the  seat  of  government  to  the  frontier  in  a  single  day, 
it  was  then  certainly  foreseen,  by  some  who  assisted  in  Congress 
at  the  formation  of  it,  that  it  could  not  be  durable. 

Negligence  of  its  regulations,  inattention  to  its  recommenda- 
tions, if  not  disobedience  to  its  authority,  not  only  in  individuals, 
but  in  States,  soon  appeared,  with  their  melancholy  consequences ; 
universal  languor;  jealousies  and  rivalries  of  States;  decline  of 
navigation  and  commerce;  discouragement  of  necessary  manufac- 
tures; universal  fall  in  the  value  of  lands  and  their  produce;  con- 
tempt of  public  and  private  faith  ;  loss  of  consideration  and  credit 
with  foreign  nations;  and,  at  length,  in  discontents,  animosities, 
combinations,  partial  conventions,  and  insurrection,  threatening 
some  great  national  calamity,. 

In  this  dangerous  crisis,  the  people  of  America  were  not  aban- 
doned by  their  usual  good  sense,  presence  of  mind,  resolution,  or 
integrity.  Measures  were  pursued  to  concert  a  plan  to  form  a 
more  perfect  union,  establish  justice,  ensure  domestic  tranquillity, 
provide  for  the  common  defence,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty.  The  public  disquisitions,  discus- 
sions, and  deliberations,  issued  in  the  present  happy  constitution 
of  government. 

Employed  in  the  service  of  my  country  abroad  during  the  whole 
lourse  of  these  transactions,  1  first  saw  the  Constitution  of  the 
United  States  in  a  foreign  country.  Irritated  by  no  literary  alter- 
cation, animated  by  no  public  debate,  heated  by  no  party  animo- 
sity, I  read  it  with  great  satisfaction,  as  the  result  of  good  heads, 
prompted  by  good  hearts — as  an  experiment,  better  adapted  to  the 
genius,  character,  situation,  and  relations,  of  this  nation  and  coun- 
try, than  any  which  had  ever  been  proposed  or  suggested.  In  its 
general  principles  and  great  outlines,  it  was  conformable  to  such  a 
system  of  government  as  1  had  ever  most  esteemed,  and  in  some 
States,  my  own  native  State  in  particular,  had  contributed  to  esta- 
blish. Claiming  a  right  of  suffrage,  in  common  with  my  fellow- 
citizens,  in  the  adoption  or  rejection  of  a  Constitution  which  was 
to  rule  me  and  my  posterity,  as  well  as  them  and  theirs,  I  did  not 
hesitate  to  express  my  approbation  of  it,  on  all  occasions,  in  public 
and  in  private.  It  was  not  then,  nor  has  been  since,  any  objection 
to  it,  in  my  mind,  that  the  Executive  and  Senate  were  not  more 
permanent.  Nor  have  I  ever  entertained  a  thought  of  promoting 
any  alteration  in  it,  but  such  as  the  people  themselves,  in  the 
course  of  their  experience,  should  see  and  feel  to  be  necessary  or 
expedient,  and,  by  their  representatives  in  Congress  and  the  State 
legislatures,  according  to  the  Constitution  itself,  adopt  and  ordain. 

Returning  to  the  bosom  of  my  country,  after  a  painful  separation 
from  it,  for  ten  years,  I  had  the  honor  to  be  elected  to  a  station 
under  the  new  order  of  things,  arid  I  have  repeatedly  laid  myself 


272 

under  the  most,  serious  obligations  to  support  the  Constitution. 
The  operation  of  it  has  equalled  the  most  sanguine  expectations 
of  its  friends;  and,  from  an  habitual  attention  to  it,  satisfaction  in 
its  administration,  and  delight  in  its  effects  upon  the  peace,  order, 
prosperity  and  happiness  of  the  nation,  I  have  acquired  an  habitual 
attachment  to  it  and  veneration  for  it. 

What  other  form  of  government,  indeed,  can  so  well  deserve 
our  esteem  and  love? 

There  may  be  little  solidity  in  an  ancient  idea,  that  congrega- 
tions of  men  into  cities  and  nations  are  the  most  pleasing  objects 
in  the  sight  of  superior  intelligences  ;  but  this  is  very  certain,  that, 
to  a  benevolent  human  mind,  there  can  be  no  spectacle  presented 
by  any  nation  more  pleasing,  more  noble,  majestic,  or  august,  than 
an  assembly  like  that  which  has  so  often  been  seen  in  this  and  the 
other  chamber  of  Congress,  of  a  government  in  which  the  execu- 
tive authority,  as  well  as  that  of  all  the  branches  of  the  legisla- 
ture, are  exercised  by  citizens  selected,  at  regular  periods,  by  their 
neighbors,  to  make  and  execute  laws  for  the  general  good.  Can 
any  thing  essential,  any  thing  more  than  mere  ornament  and  deco- 
ration, be  added  to  this  by  robes  and  diamonds  ?  Can  authority  be 
more  amiable  and  respectable  when  it  descends  from  accidents,  or 
institutions  established  in  remote  antiquity,  than  when  it  springs 
fresh  from  the  hearts  and  judgments  of  an  honest  and  enlightened 
people]  For  it  is  the  people  only  that  are  represented  :  it  is  their 
power  and  majesty  that  is  reflected,  and  only  for  their  good,  in 
every  legitimate  government,  under  whatever  form  it  may  appear. 
The  existence  of  such  a  government  as  ours,  for  any  length  of 
time,  is  a  full  proof  of  a  general  dissemination  of  knowledge  and 
virtue  throughout  the  whole  body  of  the  people.  And  what  object 
or  consideration  more  pleasing  than  this  can  be  presented  to  the 
human  mind]  If  national  pride  is  ever  justifiable,  or  excusable, 
it  is  when  it  springs,  not  from  power  or  riches,  grandeur  or  glory, 
buf  from  conviction  of  national  innocence,  information,  and  be- 
nevolence. 

In  the  midst  of  these  pleasing  ideas,  we  should  be  unfaithful  to 
ourselves  if  we  should  ever  lose  sight  of  the  danger  to  our  liber- 
ties— if  any  tiling  partial  or  extraneous  should  infect  the  purity  of 
our  free,  fair,  virtuous,  and  independent  elections.  If  an  election 
is  to  be  determined  by  a  majority  of  a  single  vote,  and  that  can  be 
procured  by  a  party,  through  artifice  or  corruption,  the  government 
may  be  the  choice  of  a  party,  for  its  own  ends — not  of  the  nation, 
for  the  national  good.  If  that  solitary  suffrage  can  be  obtained  by 
foreign  nations  by  flattery  or  menaces,  by  fraud  or  violence,  by 
terror,  intrigue,  or  venality,  the  government  may  not  be  the  choice 
of  the  American  people,  but  of  foreign  nations.  It  may  be  foreign 
nations  who  govern  us,  and  not  we  the  people  who  govern  our- 


273 

selves.  And  candid  men  will  acknowledge,  that,  in  such  cases, 
choice  would  have  little  advantage  to  boast  of,  over  lot  or  chance. 

Such  is  the  amiable  and  interesting  system  of  government  (and 
such  are  some  of  the  abuses  to  which  it  may  be  exposed)  which 
the  people  of  America  have  exhibited  to  the  admiration  and  anxiety 
of  the  wise  and  virtuous  of  all  nations,  for  eight  years,  under  the 
administration  of  a  citizen,  who,  by  a  long  course  of  great  actions, 
regulated  by  prudence,  justice,  temperance,  and  fortitude,  conduct- 
ing a  people  inspired  with  the  same  virtues,  and  animated  with  the 
same  ardent  patriotism  and  love  of  liberty,  to  independence  and 
peace,  to  increasing  wealth  and  unexampled  prosperity,  has  merited 
the  gratitude  of  his  fellow-citizens,  commanded  the  highest  praises 
of  foreign  nations,  and  secured  immortal  glory  with  posterity. 

In  that  retirement  which  is  his  voluntary  choice,  may  he  long 
live  to  enjoy  the  delicious  recollection  of  his  services,  the  grati- 
tude of  mankind,  the  happy  fruits  of  them  to  himself  and  the 
world,  whicli  are  daily  increasing,  and  that  splendid  prospect  of 
the  future  fortunes  of  this  country  which  is  opening  from  year  to 
year.  His  name  may  be  still  a  rampart,  and  the  knowledge  that 
he  lives  a  bulwark,  against  all  open  or  secret  enemies  of  his  coun- 
try's peace.  This  example  has  been  recommended  to  the  imitation 
of  his  successors,  by  both  houses  of  Congress,  and  by  the  voice 
of  the  legislatures  and  the  people  throughout  the  nation. 

On  this  subject  it  might  become  me  better  to  be  silent,  or  to 
speak  with  diffidence;  but,  as  something  may  be  expected,  the 
occasion,  I  hope,  will  be  admitted  as  an  apology,  if  I  venture  to 
say,  That — 

If  a  preference,  upon  principle,  of  a  free  republican  government, 
formed  upon  long  and  serious  reflection,  after  a  diligent  and  im- 
partial inquiry  after  truth ;  if  an  attachment  to  the  Constitution  of 
the  United  States,  and  a  conscientious  determination  to  support  it, 
until  it  shall  be  altered  by  the  judgments  and  wishes  of  the  people, 
expressed  in  the  mode  prescribed  in  it ;  if  a  respectful  attention  to 
the  constitutions  of  the  individual  States,  and  a  constant  caution 
and  delicacy  towards  the  State  governments ;  if  an  equal  and  im- 
partial regard  to  the  rights,  interest,  honor,  and  happiness,  of  all 
the  States  in  the  Union,  without  preference  or  regard  to  a  northern 
or  southern,  an  eastern  or  western  position,  their  various  political 
opinions  on  unessential  points,  or  their  personal  attachments ;  if  a 
love  of  virtuous  men,  of  all  parties  and  denominations  ;  if  a  love 
of  science  and  letters,  and  a  wish  to  patronize  every  rational  effort 
to  encourage  schools,  colleges,  universities,  academies,  and  every 
institution  for  propagating  knowledge,  virtue,  and  religion,  among 
all  classes  of  the  people,  not  only  for  their  benign  influence  on  the 
happiness  of  life  in  all  its  stages  and  classes,  and  of  society  in  all 
its  forms,  but  as  the  only  means  of  preserving  our  Constitution 

27 


from  its  natural  enemies,  the  spirit  of  sophistry,  the  spirit  of  party, 
the  spirit  of  intrigue,  the  profligacy  of  corruption,  and  the  pesti 
lence  of  foreign  influence,  which  is  the  angel  of  destruction  to 
elective  governments;  if  a  love  of  equal  laws,  of  justice,  and  hu 
manity,  in  the  interior  administration;  if  arr inclination  to  improve 
agriculture,  commerce,  and  manufactures  for  necessity,  conve- 
nience, and  defence;  if  a  spirit  of  equity  and  humanity  towards 
the  aboriginal  nations  of  America,  and  a  disposition  to  meliorate 
their  condition,  by  inclining  them  to  be  more  friendly  to  us,  and 
our  citizens  to  be  more  friendly  to  them  ;  if  an  inflexible  determi- 
nation to  maintain  peace  and  inviolable  faith  with  all  nations,  and 
that  system  of  neutrality  and  impartiality  among  the  belligerent 
powers  of  Europe  which  has  been  adopted  by  this  government, 
and  so  solemnly  sanctioned  by  both  houses  of  Congress,  and  ap- 
plauded by  the  legislatures  of  the  States  and  the  public  opinion, 
until  it  shall  be  otherwise  ordained  by  Congress;  if  a  personal 
esteem  for  the  French  nation,  formed  in  a  residence  of  seven  years 
chiefly  among  them,  and  a  sincere  desire  to  preserve  the  friendship 
which  has  been  so  much  for  the  honor  and  interest  of  both  nations; 
if,  while  the  conscious  honor  and  integrity  of  the  people  of 
America,  and  the  internal  sentiment  of  their  own  power  and  ener- 
gies, must  be  preserved,  an  earnest  endeavor  to  investigate  every 
just  cause,  and  remove  every  colorable  pretence  of  complaint;  if 
an  intention  to  pursue,  by  amicable  negotiation,  a  reparation  for 
the  injuries  that  have  been  committed  on  the  commerce  of  our  fel- 
low-citizens, by  whatever  nation,  and,  if  success  cannot  be  ob- 
tained, to  lay  the  facts  before  the  legislature,  that  they  may  con- 
sider what  further  measures  the  honor  and  interest  of  the  Govern- 
ment and  its  constituents  demand ;  if  a  resolution  to  do  justice,  as 
far  as  may  depend  upon  me,  at  all  times  and  to  all  nations,  and 
maintain  peace,  friendship,  and  benevolence,  with  all  the  world ; 
if  an  unshaken  confidence  in  the  honor,  spirit,  and  resources  of 
the  American  people,  on  which  I  have  so  often  hazarded  my  all, 
and  never  been  deceived;  if  elevated  ideas  of  the  high  destinies 
of  this  country,  and  of  my  own  duties  towards  it,  founded  on  a 
knowledge  of  the  moral  principles  and  intellectual  improvements 
of  the  people,  deeply  engraven  on  my  mind  in  early  life,  and  not 
obscured,  but  exalted,  by  experience  and  age  ;  and,  with  humble 
reverence,  I  feel  it  to  be  my  duty  to  add,  if  a  veneration  for  the  re- 
ligion of  a  people  who  profess  and  call  themselves  Christians,  and 
a  fixed  resolution  to  consider  a  decent  respect  for  Christianity 
among  the  best  recommendations  for  the  public  service, — can  en- 
able me,  in  any  degree,  to  comply  with  your  wishes,  it  shall  be 
my  strenuous  endeavor  that  this  sagacious  injunction  of  the  two 
houses  shall  not  be  without  effect. 

With   this  great  example  before  me — with  the  sense  and  spirit, 


275 

the  faith  and  honor,  the  duty  and  interest,  of  the  same  American 
people,  pledged  to  support  the  Constitution  of  the  United  States, 
I  entertain  no  doubt  of  its  continuance  in  all  its  energy,  and  my 
mind  is  prepared,  without  hesitation,  to  lay  myself  under  the  most 
solemn  obligations  to  support  it  to  the  utmost  of  my  power. 

And  may  that  Being  who  is  supreme  over  all,  the  Patron  of  or- 
der, the  Fountain  of  justice,  and  the  Protector,  in  all  ages  of  the 
world,  of  virtuous  liberty,  continue  His  blessing  upon  this  nation 
and  its  Government,  and  give  it  all  possible  success  and  duration, 
consistent  with  the  ends  of  his  Providence ! 


4.  INAUGURAL  ADDRESS  OF  THOMAS  JEFFERSON,  PRE- 
SIDENT OF  THE  UNITED  STATES,  AT  HIS  FIRST  TERM 
OF  OFFICE. 

MARCH  4,  1801. 

Friends  and  fetlow-citizens  t 

Called  upon  to  undertake  the  duties  of  the  first  executive  office 
of  our  country,  I  avail  myself  of  the  presence  of  that  portion  of 
my  fellow-citizens  which  is  here  assembled,  to  express  my  grateful 
thanks  for  the  favor  with  which  they  have  been  pleased  to  look 
towards  me,  to  declare  a  sincere  consciousness  that  the  task  is 
above  my  talents,  and  that  I  approach  it  with  those  anxious  and 
awful  presentiments  which  the  greatness  of  the  charge  and  the 
weakness  of  my  powers  so  justly  inspire.  A  rising  nation,  spread 
over  a  wide  and  fruitful  land  ;  traversing  all  the  seas  with  the  rich 
productions  of  their  industry;  engaged  in  commerce  with  nations 
who  feel  power  and  forget  right;  advancing  rapidly  to  destinies 
beyond  the  reach  of  mortal  eye, — when  I  contemplate  these  trans- 
cendant  objects,  and  see  the  honor,  the  happiness,  and  the  hopes 
of  this  beloved  country  committed  to  the  issue  and  the  auspices  of 
this  day,  I  shrink  from  the  contemplation,  and  humble  myself  be- 
fore the  magnitude  of  the  undertaking.  Utterly,  indeed,  should  I 
despair,  did  not  the  presence  of  many  whom  I  here  see  remind  mo 
that  in  the  other  high  authorities  provided  by  our  Constitution  I 
shall  find  resources  of  wisdom,  of  virtue,  and  of  zeal,  on  which  to 
rely  under  all  difficulties.  To  you,  then,  gentlemen,  who  art* 
charged  with  the  sovereign  functions  of  legislation,  and  to  those 
associated  with  you,  I  look  with  encouragement  for  that  guidance 
and  support  which  may  enable  us  to  steer  with  safety  the  vessel  in 
which  we  are  all  embarked,  amidst  the  conflicting  elements  of  a 
troubled  world. 

During  the  contest  of  opinion  through  which  we  have  passed, 
the  animation  of  discussions  and  of  exertions  has  sometimes  worn 
an  aspect  which  might  impose  on  strangers,  unused  to  think 


276 

freely,  and  to  sprak  and  to  write  what  they  think  ;  but,  this  being 
now  decided  by  thr  voice  of  the  nation,  announced,  according  to 
the  rules  of  the  C»  nstitution.  all  will,  of  course,  arrange  them- 
selves under  the  will  of  the  law,  and  unite  in  common  efforts  for 
the  common  good.  All,  too,  will  bear  in  mind  this  sacred  prin- 
ciple, that,  though  the  vill  of  the  majority  is  in  all  cases  to  pre- 
vail, that  will,  to  be  rightrul,  must  be  reasonable;  that  the  minority 
possess  their  equal  rights,  which  equal  laws  must  protect,  and  to  vio- 
late would  be  oppression.  Iiet  us,  then,  fellow-citizens,  unite  with 
one  heart  and  one  mind  ;  let  us  restore  to  social  intercourse  that 
harmony  and  affection  without  which  liberty  and  even  life  itself  are 
but  dreary  things  And  let  us  /effect,  that,  having  banished  from 
our  land  that  religious  intoleranre  under  which  mankind  so  long 
bled  and  suffered,  we  have  yet  gained  little,  if  we  countenance  a 
political  intolerance  as  despotic,  as  wicked,  and  capable  of  as  bitter 
and  bloody  persecutions.  During  the  throes  and  convulsions  of 
the  ancient  world ;  during  the  agonizing  spasms  of  infuriated  man, 
seeking,  through  blood  and  slaughter,  his  long-lost  liberty,  it  was 
Hot  wonderful  that  the  agitation  of  the  billows  should  reach  even 
this  distant  and  peaceful  shore ;  that  this  should  be  more  felt  and 
feared  by  some,  and  less  by  others,  and  should  divide  opinions  as 
to  measures  of  safety  :  but  every  difference  of  opinion  is  not  a  dif- 
ference of  principle.  We  have  called  by  different  names  brethren 
of  the  same  principle.  We  are  all  republicans  :  we  are  all  federalists. 
If  there  be  any  among  us  who  would  wish  to  dissolve  this  Union, 
or  to  change  its  republican  form,  let  them  stand,  undisturbed,  as 
monuments  of  the  safety  with  which  error  of  opinion  may  be  tole- 
rated, where  reason  is  left  free  to  combat  it.  I  know,  indeed,  that 
some  honest  men  fear  that  a  republican  government  cannot  be 
strong — that  this  Government  is  not  strong  enough.  But  would 
the  honest  patriot,  in  the  full  tide  of  successful  experiment,  aban- 
don a  Government  which  has  so  far  kept  us  free  and  firm,  on  the 
theoretic  and  visionary  fear  that  this  Government,  the  world's  best 
hope,  may,  by  possibility,  want  energy  to  preserve  itself?  I  trust 
not.  I  believe  this,  on  the  contrary,  the  strongest  Government  on 
earth.  I  believe  it  the  only  one  where  every  man,  at  the  call  of  the 
law,  would  fly  to  the  standard  of  the  law,  and  would  meet  inva- 
sions of  the  public  order  as  his  own  personal  concern.  Sometimes 
it  is  said  that  man  cannot  be  trusted  with  the  government  of  him- 
self. Can  he  then  be  trusted  with  the  government  of  others  ?  Or 
have  we  found  angels,  in  the  form  of  kings,  to  govern  him  ?  Let 
history  answei  this  question. 

Let  us,  then,  with  courage  and  confidence,  pursue  our  own  fede- 
ral and  republican  principles — our  attachment  to  union  and  repre- 
sentative government.  Kindly  separated  by  nature  and  a  wide 
ocean  from  the  exterminating  havoc  of  one  quarter  of  the  globe ; 


277 

too  high-minded  to  endure  the  degradations  of  the  others  ;  possess- 
ing a  chosen  country,  with  room  enough  for  our  descendants  to  the 
thousandth  and  thousandth  generation;  entertaining  a  due  sense 
of  our  equal  right  to  the  use  of  our  own  faculties,  to  the  acquisi- 
tions of  our  own  industry,  to  honor  and  confidence  from  our  fellow- 
citizens,  resulting,  not  from  birth,  but  from  our  actions,  and  their 
sense  of  them  ;  enlightened  by  a  benign  religion,  professed,  in- 
deed, and  practised,  in  various  forms,  yet  all  of  them  inculcating 
honesty,  truth,  temperance,  gratitude,  and  the  love  of  man  ;  ac- 
knowledging and  adoring  an  overruling  Providence,  which,  by  all 
its  dispensations,  proves  that  it  delights  in  the  happiness  of  man 
here,  and  his  greater  happiness  hereafter, — with  all  these  blessings, 
what  more  is  necessary  to  make  us  a  happy  and  prosperous  people  ? 
Still  one  thing  more,  fellow-citizens:  a  wise  and  frugal  Govern- 
ment, which  shall  restrain  men  from  injuring  one  another,  shall 
leave  them  otherwise  free  to  regulate  their  own  pursuits  of  industry 
and  improvement,  and  shall  not  take  from  the  tnouth  of  labor  the 
bread  it  has  earned.  This  is  the  sum  of  good  government,  and 
this  is  necessary  to  close  the  circle  of  our  felicities. 

About  to  enter,  fellow-citizens,  on  the  exercise  of  duties  which 
comprehend  every  thing  dear  and  valuable  to  you,  it  is  proper  you 
should  understand  what  I  deem  the  essential  principles  of  our  Go- 
vernment, and,  consequently,  those  which  ought  to  shape  its  ad- 
ministration. I  will  compress  them  within  the  narrowest  compass 
they  will  bear — stating  the  general  principle,  but  not  all  its  limita- 
tions. Equal  and  exact  justice  to  all  men,  of  whatever  state  or 
persuasion,  religious  or  political ;  peace,  commerce,  and  honest 
friendship  with  all  nations,  entangling  alliances  with  none;  the 
support  of  the  State  governments  in  all  their  rights,  as  the  most 
competent  administrations  for  our  domestic  concerns,  and  the 
surest  bulwarks  against  anti-republican  tendencies;  the  preserva 
tion  of  the  General  Government  in  its  whole  constitutional  vigor, 
as  the  sheet-anchor  of  our  peace  at  home  and  safety  abroad ;  a 
(ealous  care  of  the  right  of  election  by  the  people ;  a  mild  and  safe 
corrective  of  abuses  which  are  lopped  by  the  sword  of  revolution, 
where  peaceable  remedies  are  unprovided  ;  absolute  acquiescence 
in  the  decisions  of  the  majority,  the  vital  principle  of  republics, 
from  which  is  no  appeal  but  to  force,  the  vital  principle  and  imme- 
diate parent  of  despotism  ;  a  well-disciplined  militia,  our  best  re- 
liance in  peace,  and  for  the  first  moments  of  war,  till  regulars  may 
relieve  them  ;  the  supremacy  of  the  civil  over  the  military  authority  ; 
economy  in  the  public  expense,  that  labor  may  be  lightly  bur- 
dened ;  the  honest  payment  of  our  debts,  and  sacred  preservation 
cf  the  public  faith ;  encouragement  of  agriculture,  and  of  com- 
merce as  its  handmaid ;  the  diffusion  of  information,  and  arraign- 
ment of  all  abuses  at  the  bar  of  the  public  reason;  freedom  of  re- 

27» 


278 

•ligion,  freedom  of  the  press,  and  freedom  of  person,  under  the 
protection  of  the  habeas  corpus  ;  and  trial  by  juries  impartially  se- 
lected. These  principles  form  the  bright  constellation  which  has 
gone  before  us,  and  guided  our  steps  through  an  age  of  revolution 
and  reformation.  The  wisdom  of  our  sages  and  blood  of  our  he- 
roes have  been  devoted  to  their  attainment.  They  should  be  the 
creed  of  our  political  faith,  the  text  of  civic  instruction,  the  touch- 
stone by  which  to  try  the  services  of  those  we  trust;  and  should 
we  wander  from  them  in  moments  of  error  or  of  alarm,  let  us 
hasten  to  retrace  our  steps,  and  to  regain  the  road  which  alone 
leads  to  peace,  liberty,  and  safety. 

I  repair,  then,  fellow-citizens,  to  the  post  you  have  assigned  me. 
With  experience  enough  in  subordinate  offices  to  have  seen  the 
difficulties  of  this,  the  greatest  of  all,  I  have  learnt  to  expect  that 
it  will  rarely  fall  to  the  lot  of  imperfect  man  to  retire  from  this  sta- 
tion with  the  reputation  and  the  favor  which  brought  him  into  it. 
Without  pretensions  to  that  high  confidence  you  reposed  in  our 
first  and  greatest  revolutionary  character,  whose  pre-eminent  ser- 
vices had  entitled  him  to  the  first  place  in  his  country's  love,  and 
destined  for  him  the  fairest  page  in  the  volume  of  faithful  history, 
I  ask  so  much  confidence  only  as  may  give  firmness  and  effect  to 
the  legal  administration  of  your  affairs.  I  shall  often  go  wrong, 
through  defect  of  judgment.  When  right,  I  shall  often  be  thought 
wrong  by  those  whose  positions  will  not  command  a  view  of  the 
whole  ground.  I  ask  your  indulgence  for  my  own  errors,  which 
will  never  be  intentional,  and  your  support  against  the  errors  of 
others,  who  may  condemn  what  they  would  not  if  seen  in  all  its 
parts.  The  approbation  implied  by  your  suffrage  is  a  great  conso- 
lation to  me  for  the  past ;  and  my  future  solicitude  will  be,  to  re- 
tain the  good  opinion  of  those  who  have  bestowed  it  in  advance, 
to  conciliate  that  of  others  by  doing  them  all  the  good  in  my 
power,  and  to  be  instrumental  to  the  happiness  and  freedom  of  all. 

Relying,  then,  on  the  patronage  of  your  good  will,  I  advance 
with  obedience  to  the  work,  ready  to  retire  from  it  whenever  you 
become  sensible  how  much  better  choices  it  is  in  your  power  to 
make.  And  may  that  Infinite  power  which  rules  the  destinies  of 
the  universe,  lead  our  councils  to  what  is  best,  and  give  them  a 
favorable  issue  for  your  peace  and  prosperity. 


279 

5.  INAUGURAL  ADDRESS  OF  THOMAS  JEFFERSON,  PRE- 
SIDENT OF  THE  UNITED  STATES,  AT  HIS  SECOND 
TERM  OF  OFFICE. 

MARCH  4,  1805. 

Proceeding,  fellow-citizens,  to  that  qualification  which  the  Con- 
stitution requires  before  my  entrance  on  the  charge  again  conferred 
on  me,  it  is  my  duty  to  express  the  deep  sense  I  entertain  of  this 
new  proof  of  confidence  from  my  fellow-citizens  at  large,  and  the 
zeal  with  which  it  inspires  me  so  to  conduct  myself  as  may  best 
satisfy  their  just  expectations. 

On  taking  this  station,  on  a  former  occasion,  I  declared  the  prin- 
ciples on  which  I  believed  it  my  duty  to  administer  the  affairs  of 
our  commonwealth.  My  conscience  tells  me  I  have,  on  every  oc- 
casion, acted  up  to  that  declaration,  according  to  its  obvious  im- 
port, and  to  the  understanding  of  every  candid  mind. 

In  the  transaction  of  your  foreign  affairs,  we  have  endeavored 
to  cultivate  the  friendship  of  all  nations,  and  especially  of  those 
with  which  we  have  the  most  important  relations.  We  have  done 
them  justice  on  all  occasions,  favor  where  favor  was  lawful,  and 
cherished  mutual  interests  and  intercourse  on  fair  and  equal  terms. 
We  are  firmly  convinced,  and  we  act  on  that  conviction,  that  with 
nations,  as  with  individuals,  our  interests,  soundly  calculated,  will 
ever  be  found  inseparable  from  our  moral  duties  ;  and  history  bears 
witness  to  the  fact,  that  a  just  nation  is  trusted  on  its  word,  when 
recourse  is  had  to  armaments  and  wars  to  bridle  others. 

At  home,  fellow-citizens,  you  best  know  whether  we  have  done 
well  or  ill.  The  suppression  of  unnecessary  offices,  of  useless 
establishments  and  expenses,  enabled  us  to  discontinue  our  inter- 
nal taxes.  These,  covering  our  land  with  officers,  and  opening 
our  doors  to  their  intrusions,  had  already  begun  that  process  of 
domiciliary  vexation,  which,  once  entered,  is  scarcely  to  be  re- 
strained from  reaching,  successively,  every  article  of  property  and 
produce.  If,  among  these  taxes,  some  minor  ones  fell,  which  had 
not  been  inconvenient,  it  was  because  their  amount  would  not 
have  paid  the  officers  who  collected  them,  and  because,  if  they 
had  any  merit,  the  State  authorities  might  adopt  them  instead  of 
others  less  approved. 

The  remaining  revenue,  on  the  consumption  of  foreign  articles,  is 
paid  chiefly  by  those  who  can  afford  to  add  foreign  luxuries  to  domes- 
lie  comforts.  Being  collected  on  our  seaboard  and  frontiers  only,  and 
incorporated  with  the  transactions  of  our  mercantile  citizens,  it 
may  be  the  pleasure  and  the  pride  of  an  American  to  ask,  what 
fanner,  what  mechanic,  what  laborer,  ever  sees  a  tax-gatherer  of 
the  United  States  1  These  contributions  enable  us  to  support  tho 
current  expenses  of  the  Government ;  to  fulfil  contracts  with  fo- 


280 

reign  nations ;  to  extinguish  the  native  right  of  soil  within  our 
limits;  to  extend  those  limits;  and  to  apply  such  a  surplus  to  our 
puhlic  debts  as  places  at  a  short  day  their  final  redemption:  and, 
that  redemption  once  effected,  the  revenue  thereby  liberated  may, 
by  a  just  repartition  of  it  among  the  States,  and  a  corresponding 
amendment  of  the  Constitution,  be  applied,  in  time  of  peace,  to 
rivers,  canals,  roads,  arts,  manufactures,  education,  and  other  great 
objects,  within  each  State.  In  time  of  war,  if  injustice  by  our- 
selves or  others  must  sometimes  produce  war,  'ncreased,  as  the 
same  revenue  will  be,  by  increased  population  and  consumption, 
and  aided  by  other  resources  reserved  for  that  crisis,  it  may  meet, 
within  the  year,  all  the  expenses  of  the  year,  without  encroaching 
on  the  rights  of  future  generations,  by  burdening  them  with  the 
debts  of  the  past  War  will  then  be  but  a  suspension  of  useful 
works ;  and  a  return  to  a  state  of  peace,  a  return  to  the  progress 
of  improvement. 

I  have  said,  fellow-citizens,  that  the  income  reserved  had  ena- 
bled us  to  extend  our  limits ;  but  that  extension  may  possibly  pay 
for  itself  before  we  are  called  on,  and,  in  the  mean  time,  may 
keep  down  the  accruing  interest :  in  all  events,  it  will  replace  the 
advances  we  shall  have  made.  I  know  that  the  acquisition  of  Lou- 
isiana has  been  disapproved  by  some,  from  a  candid  apprehension 
that  the  enlargement  of  our  territory  would  endanger  its  union. 
But  who  can  limit  the  extent  to  which  the  federative  principle  may 
operate  effectively?  The  larger  our  association,  the  less  will  it  be 
shaken  by  local  passions;  and,  in  any  view,  is  it  not  better  that 
the  opposite  bank  of  the  Mississippi  should  be  settled  by  our  own 
brethren  and  children,  than  by  strangers  of  another  family?  With 
which  should  we  be  most  likely  to  live  in  harmony  and  friendly 
intercourse  1 

In  matters  of  religion,  I  have  considered  that  its  free  exercise  is 
placed  by  the  Constitution  independent  of  the  powers  of  the  Gene- 
ral Government.  I  have  therefore  undertaken,  on  no  occasion,  to 
prescribe  the  religious  exercises  suited  to  it,  but  have  left  them,  as 
the  Constitution  found  them,  under  the  direction  and  discipline  of 
the  church  or  State  authorities  acknowledged  by  the  several  reli- 
gious societies. 

The  aboriginal  inhabitants  of  these  countries  I  have  regarded 
with  the  commiseration  their  history  inspires.  Endowed  with  the 
faculties  and  the  rights  of  men,  breathing  an  ardent  love  of  liberty 
and  independence,  and  occupying  a  country  which  left  them  no 
desire  but  to  be  undisturbed,  the  stream  of  overflowing  population 
from  other  regions  directed  itself  on  these  shores.  Without  power 
to  divert,  or  habits  to  contend  against  it,  they  have  been  over- 
whelmed by  the  current,  or  driven  before  it.  Now  reduced  within 
iirnits  too  narrow  for  the  hunter  state,  humanity  enjoins  us  to  teach 


281 

them  agriculture  and  the  domestic  arts,  to  encourage  them  to  that  in- 
dustry which  alone  can  enable  them  to  maintain  their  place  in  exist- 
ence, and  to  prepare  them,  in  time,  for  that  state  of  society  which 
to  bodily  comforts  adds  the  improvement  of  the  mind  and  morals. 
We  have,  therefore,  liberally  furnished  them  with  tbe  implements 
of  husbandry  and  household  use:  we  have  placed  among  them  in- 
structors in  the  arts  of  first  necessity ;  and  they  are  covered  with 
the  aegis  of  the  law  against  aggressors  from  among  ourselves. 

But  the  endeavors  to  enlighten  them  on  the  fate  which  awaits 
their  present  course  of  life,  to  induce  them  to  exercise  their  reason, 
follow  its  dictates,  and  change  their  pursuits  with  the  change  of 
circumstances,  have  powerful  obstacles  to  encounter.  They  are 
combated  by  the  habits  of  their  bodies,  prejudices  of  their  minds, 
ignorance,  pride,  and  the  influence  of  interested  and  crafty  indi- 
viduals among  them,  who  feel  themselves  something  in  the  present 
order  of  things,  and  fear  to  become  nothing  in  any  other.  Theso 
persons  inculcate  a  sanctimonious  reverence  for  the  customs  of 
their  ancestors;  that  whatsoever  they  did  must  be  done  through  all 
time ;  that  reason  is  a  false  guide,  and  to  advance  under  its  counsel 
in  their  physical,  moral,  or  political  condition,  is  perilous  innova- 
tion ;  that  their  duty  is  to  remain  as  the  Creator  made  them — igno- 
rance being  safety,  and  knowledge  full  of  danger.  In  short,  my 
friends,  among  them,  also,  is  seen  the  action  and  counteraction  of 
good  sense  and  of  bigotry.  They,  too,  have  their  anti-philoso- 
phists,  who  find  an  interest  in  keeping  things  in  their  present  state, 
who  dread  reformation,  and  exert  all  their  faculties  to  maintain  the 
ascendency  of  habit  over  the  duty  of  improving  our  reason  and 
obeying  its  mandates. 

In  giving  these  outlines,  I  do  not  mean,  fellow-citizens,  to  arro- 
gate to  myself  the  merit  of  the  measures :  that  is  due,  in  the  first 
place,  to  the  reflecting  character  of  our  citizens  at  large,  who,  by 
the  weight  of  public  opinion,  influence  and  strengthen  the  public 
measures.  It  is  due  to  the  sound  discretion  with  which  they  select 
from  among  themselves  those  to  whom  they  confide  the  legislative 
duties.  It  is  due  to  the  zeal  and  wisdom  of  the  characters  thus 
selected,  who  lay  the  foundations  of  public  happiness  in  whole- 
some laws,  the  execution  of  which  alone  remains  for  others.  And 
it  is  due  to  the  able  and  faithful  auxiliaries  whose  patriotism  has 
associated  them  with  me  in  the  executive  functions. 

During  this  course  of  administration,  and  in  order  to  disturb  it, 
the  artillery  of  the  press  has  been  levelled  against  us,  charged  with 
whatsoever  its  licentiousness  could  devise  or  dare.  These  abuses 
of  an  institution  so  important  to  freedom  and  science  are  deeply  to 
be  regretted,  inasmuch  as  they  tend  to  lessen  its  usefulness  and  to 
sap  its  safety.  They  might,  indeed,  have  b^en  corrected  by  the 
wholesome  punishments  reserved  to  and  provided  by  the  laws  ol 


282 

the  several  States  against  falsehood  and  defamation  ;  but  public 
duties,  more  urgent,  press  on  the  time  of  public  servants,  and  the 
offenders  have  therefore  been  left  to  find  their  punishment  in  the 
public  indignation. 

Nor  was  it  uninteresting  to  the  world,  that  an  experiment  should 
be  fairly  and  fully  made,  whether  freedom  of  discussion,  unaided 
by  power,  is  not  sufficient  for  the  propagation  and  protection  of 
truth  ?  Whether  a  government,  conducting  itself  in  the  true  spirit 
of  its  constitution,  with  zeal  and  purity,  and  doing  no  act  which 
it  would  be  unwilling  the  whole  world  should  witness,  can  be 
written  down  by  falsehood  and  defamation  I  The  experiment  has 
been  tried.  You  have  witnessed  the  scene.  Our  fellow--itizen3 
looked  on  cool  and  collected.  They  saw  the  latent  source  from 
which  these  outrages  proceeded.  They  gathered  around  their  pub- 
lic functionaries;  and,  when  the  Constitution  called  them  to  the 
decision  by  suffrage,  they  pronounced  their  verdict  honorable  to 
those  who  had  served  them,  and  consolatory  to  the  friend  of  man, 
who  believes  that  he  may  be  trusted  with  the  control  of  his  own 
affairs. 

No  inference  is  here  intended  that  the  laws  provided  by  the 
States  against  false  and  defamatory  publications  should  not  be  en- 
forced, lie  who  has  time,  renders  a  service  to  public  morals  and 
public  tranquillity  in  reforming  these  abuses  by  the  salutary  coer- 
cions of  the  law.  But  the  experiment  is  noted  to  prove  that,  since 
truth  and  reason  have  maintained  their  ground  against  false  opi- 
nions, in  league  with  false  facts,  the  press,  confined  to  truth,  needs 
no  other  legal  restraint.  The  public  judgment  will  correct  false 
reasonings  and  opinions,  on  a  full  hearing  of  all  parties;  and  no 
other  definite  line  can  be  drawn  between  the  inestimable  liberty  of 
the  press  and  its  demoralizing  licentiousness.  If  there  be  still 
improprieties  which  this  rule  would  not  restrain,  its  supplement 
must  be  sought  in  the  censorship  of  public  opinion. 

Contemplating  the  union  of  sentiment  now  manifested  so  gen- 
erally, as  auguring  harmony  and  happiness  to  our  future  course,  I 
offer  to  our  country  sincere  congratulations.  With  those,  too,  not 
yet  rallied  to  the  same  point,  the  disposition  to  do  so  is  gaining 
strength.  Facts  are  piercing  through  the  veil  drawn  over  them  ; 
and  our  doubting  brethren  will  at  length  see  that  the  mass  of  their 
fellow-citizens,  with  whom  they  cannot  yet  resolve  to  act,  as  to 
principles  and  measures,  think  as  they  think,  and  desire  what  they 
desire  ;  that  our  wish,  as  well  as  theirs,  is,  that  the  public  efforts 
may  be  directed  honestly  to  the  public  good,  that  peace  be  culti- 
vated, civil  and  religious  liberty  unassailed,  law  and  order  pre- 
served, equality  of  rights  maintained,  and  that  state  of  property, 
equal  or  unequal,  which  results  to  every  man  from  his  own  indus- 
irv  or  that  of  his  father's.  When  satisfied  of  these  views,  it  is 


283 

not  in  human  nature  that  they  should  not  approve  and  support 
them.  In  the  mean  time,  let  us  cherish  them  with  patient  affec- 
tion ;  let  us  do  them  justice,  and  more  than  justice,  in  all  compe- 
titions of  interest, — and  we  need  not  doubt  that  truth,  reason,  and 
their  own  interests,  will  at  length  prevail — will  gather  them  into 
the  fold  of  their  country,  and  will  complete  that  entire  union  of 
opinion  which  gives  to  a  nation  the  blessing  of  harmony,  and  the 
benefit  of  all  its  strength. 

I  shall  now  enter  on  the  duties  to  which  my  fellow-citizens  have 
again  called  me,  and  shall  proceed  in  the  spirit  of  those  principles 
which  they  have  approved.  1  fear  not  that  any  motives  of  interest 
may  lead  me  astray.  I  am  sensible  of  no  passion  which  could  se- 
duce me,  knowingly,  from  the  path  of  justice;  but  the  weaknesses 
of  human  nature,  and  the  limits  of  my  own  understanding,  will 
produce  errors  of  judgment  sometimes  injurious  to  your  interests. 
I  shall  need,  therefore,  all  the  indulgence  which  I  have  heretofore 
experienced  from  my  constituents.  The  want  of  it  will  certainly 
not  lessen  with  increasing  years.  I  shall  need,  too,  the  favor  of 
that  Being  in  whose  hands  we  are  ;  who  led  our  fathers,  as  Israel 
of  old,  from  their  native  land,  and  planted  them  in  a  country  flow- 
ing with  all  the  necessaries  and  comforts  of  life;  who  has  covered 
our  infancy  with  His  providence,  and  our  riper  years  with  His 
wisdom  and  power;  and  to  whose  goodness  I  ask  you  to  join  in 
supplications  with  me,  that  He  will  so  enlighten  the  minds  of  your 
servants,  guide  their  councils,  and  prosper  their  measures,  that 
whatsoever  they  do  shall  result  in  your  good,  and  shall  secure  to 
you  the  peace,  friendship,  and  approbation  of  all  nations. 

6.  INAUGURAL  ADDRESS  OF  JAMES  MADISON,  PRESI- 
DENT OF  THE  UNITED  STATES,  AT  HIS  FIRST  TERM 
OF  OFFICE. 

MARCH  4,  1809. 

Gentlemen  of  the  Senate,  and  of  the  House  of  Representatives  i 

Unwilling  to  depart  from  examples  of  the  most  revered  authority, 
1  avail  myself  of  the  occasion  now  presented,  to  express  the  pro- 
found impression  made  on  me,  by  the  call  of  my  country,  to  the 
station,  to  the  duties  of  which  I  am  about  to  pledge  myself,  by  the 
most  solemn  of  sanctions.  So  distinguished  a  mark  of  confidence, 
proceeding  from  the  deliberate  and  tranquil  suffrage  of  a  free  and 
virtuous  nation,  would,  under  any  circumstances,  have  commanded 
my  gratitude  and  devotion,  as  well  as  filled  me  with  an  awful  sense 
of  the  trust  to  be  assumed.  Under  the  various  circumstances  which 
give  peculiar  solemnity  to  the  existing  period,  I  feel  that  both  the 


284 

honor  and  the  responsibility  allotted  to  me,  are  inexpressibly  en- 
hanced. 

The  present  situation  of  the  world  is,  indeed,  without  a  parallel ; 
and  that  of  our  country  full  of  difficulties.  The  pressure  of  these 
two  is  the  more  severely  felt,  because  they  have  fallen  upon  us  at 
a  moment  when  national  prosperity,  being  at  a  height  not  before 
attained,  the  contrast  resulting  from  this  change  has  been  rendered 
the  more  striking.  Under  the  benign  influence  of  our  republican 
institutions,  and  the  maintenance  of  peace  with  all  nations,  whilst 
so  many  of  them  were  engaged  in  bloody  and  wasteful  wars,  the 
fruits  of  a  just  policy  were  enjoyed  in  an  unrivalled  growth  of  our 
faculties  and  resources.  Proofs  of  this  were  seen  in  the  improve- 
ments of  agriculture ;  in  the  successful  enterprises  of  commerce; 
in  the  progress  of  manufactures  and  useful  arts ;  in  the  increase  of 
trie  public  revenue,  and  the  use  made  of  it  in  reducing  the  public 
debt;  and  in  the  valuable  works  and  establishments  everywhere 
multiplying  over  the  face  of  our  land. 

It  is  a  precious  reflection,  that  the  transition  from  this  prosperous 
condition  of  our  country,  to  the  scene  which  has  for  some  time 
been  distressing  us,  is  not  chargeable  on  an}'  unwarrantable  views, 
nor,  as  I  trust,  on  any  involuntary  errors  in  the  public  councils. 
Indulging  no  passions  which  trespass  on  the  rights  or  the  respose 
of  other  nations,  it  has  been  the  true  glory  of  the  United  States  to 
cultivate  peace,  by  observing  justice,  and  to  entitle  themselves  to 
the  respect  of  the  nations  at  war,  by  fulfilling  their  neutral  obliga- 
tions with  the  most  scrupulous  impartiality.  If  there  be  candor 
in  the  world,  the  truth  of  these  assertions  will  not  be  questioned. 
Posterity,  at  least,  will  do  justice  to  them. 

This  unexceptionable  course  could  not  avail  against  the  injustice 
End  violence  of  the  belligerent  powers.  In  their  rage  against  each 
other,  or  impelled  by  more  direct  motives,  principles  of  retaliation 
have  been  introduced,  equally  contrary  to  universal  reason  and  ac- 
knowledged law.  How  long  their  arbitrary  edicts  will  be  con- 
tinued, in  spite  of  the  demonstrations  that  not  even  a  pretext  for 
them  has  been  given  by  the  United  States,  and  of  the  fair  and 
liberal  attempts  to  induce  a  revocation  of  them,  cannot  be  antici- 
pated. Assuring  myself  that,  under  every  vicissitude,  the  deter- 
mined spirit  and  united  councils  of  the  nation  will  be  safeguards 
to  its  honor  and  its  essential  interests,  I  repair  to  the  post  assigned 
me,  with  no  other  discouragement  than  what  springs  from  my  own 
inadequacy  to  its  high  duties.  If  I  do  not  sink  under  the  weight 
of  this  deep  conviction,  it  is  because  I  find  some  support  in  a  con- 
sciousness of  the  purposes,  and  a  confidence  in  the  principles 
which  I  bring  with  me  into  this  arduous  service. 

To  cherish  peace  and  friendly  intercourse  with  all  nations,  having 
oorrrspnndent  dispositions  ;  to  maintain  sincere  neutrality  towards 


285 

belligerent  nations  ;  to  prefer,  in  all  cases,  amicable  discussion  and 
reasonable  accommodation  of  differences,  to  a  decision  of  them  by 
an  appeal  to  arms ;  to  exclude  foreign  intrigues  and  foreign  par- 
tialities, so  degrading  to  all  countries,  and  so  baneful  to  free  ones  ; 
to  foster  a  spirit  of  independence  ;  too  just  to  invade  the  rights  of 
others;  too  proud  to  surrender  our  own;  too  liberal  to  indulge  un- 
worthy prejudices  ourselves,  and  too  elevated  not  to  look  down 
upon  them  in  others ;  to  hold  the  union  of  the  States  as  the  basis 
of  their  peace  and  happiness  ;  to  support  the  Constitution,  which 
is  the  cement  of  the  Union,  as  well  in  its  limitations  as  in  its  au- 
thorities ;  to  respect  the  rights  and  authorities  reserved  to  the 
States  and  to  the  people,  as  equally  incorporated  with,  and  essen- 
tial to  the  success  of  the  general  system  ;  to  avoid  the  slightest 
interference  with  the  rights  of  conscience,  or  the  functions  of  reli- 
gion, so  wisely  exempted  from  civil  jurisdiction ;  to  preserve,  to 
their  full  energy,  the  other  salutary  provisions  in  behalf  of  private 
and  personal  rights,  and  of  the  freedom  of  the  press;  to  observe 
economy  in  public  expenditures ;  to  liberate  the  public  resources 
by  an  honorable  discharge  of  the  public  debts ;  to  keep  within  the 
requisite  limits  a  standing  military  force,  always  remembering,  that 
an  armed  and  trained  militia  is  the  firmest  bulwark  of  republics; 
that  without  standing  armies  their  liberty  can  never  be  in  danger, 
nor,  with  large  ones,  safe;  to  promote,  by  authorized  means,  im- 
provements friendly  to  agriculture,  to  manufactures,  and  to  external 
as  well  as  internal  commerce;  to  favor,  in  like  manner,  the  ad- 
vancement of  science  and  the  diffusion  of  information,  as  the  best 
aliment  to  true  liberty ;  to  carry  on  the  benevolent  plans  which 
have  been  so  meritoriously  applied  to  the  conversion  of  our  abori- 
ginal neighbors,  from  the  degradation  and  wretchedness  of  savage 
life,  to  a  participation  of  the  improvements  of  which  the  human 
mind  and  manners  are  susceptible  in  a  civilized  state  :  As  far  as 
sentiments  and  intentions  such  as  these  can  aid  the  fulfilment  of 
my  duty,  they  will  be  a  resource  which  cannot  fail  me. 

It  is  my  good  fortune,  moreover,  to  have  the  path  in  which  I  am 
to  tread,  lighted  by  examples  of  illustrious  services,  successfully 
rendered  in  the  most  trying  difficulties,  by  those  who  have  marched 
before  me.  Of  those  of  my  immediate  predecessor,  it  might  least 
become  me  here  to  speak — I  may,  however,  be  pardoned  for  not 
suppressing  the  sympathy,  with  which  my  heart  is  full,  in  the  rich 
reward  he  enjoys  in  the  benedictions  of  a  beloved  country,  grate- 
fully bestowed  for  exalted  talents,  zealously  devoted,  through  a 
kng  career,  to  the  advancement  of  its  highest  interest  and  happi 
ness.  But  the  source  to  which  I  look  for  the  aids,  which  alone 
can  supply  my  deficiencies,  is  in  the  well-tried  intelligence  and 
virtue  of  my  fellow-citizens,  and  in  the  councils  of  those  repre 
senting  them  in  the  other  departments  associated  in  the  care  of  the 

28 


national  interests.  In  these  my  confidence  will,  under  every  diffi- 
culty, be  best  placed;  next  to  that  which  we  have  all  been  en- 
couraged to  feel  in  the  guardianship  and  guidance  of  that  Almighty 
Being,  whose  power  regulates  the  destiny  of  nations,  whose  bless- 
ings have  been  so  conspicuously  dispensed  to  this  rising  Republic, 
and  to  whom  we  are  bound  to  address  our  devout  gratitude  for  the 
past,  as  well  as  our  fervent  supplications  and  best  hopes  for  the 
future. 


287 


CHAPTER  6. 

GENERAL  LAWS  RELATING  TO  THE  CONTINUED 
ORGANIZATION  OF  THE  GOVERNMENT,  AND  PRO- 
VIDING  THE  AUTHORITIES  AND  MEANS  OF  EXE- 
CUTING  THE  CONSTITUTION,  IN  CERTAIN  CONTIN- 
GENCIES, AND  FOR  OTHER  PURPOSES. 

These  acts  and  parts  of  acts,  forming  a  peculiar  class  of  general 
import,  being  spread  through  the  mass  of  laws,  a  copy  of  which  is 
not  always  accessible,  are  inserted  here  for  public  convenience. 
They  prescribe  the  forms  of  oaths  to  support  the  Constitution,  &c. ; 
authorize  oaths  to  be  administered  by  the  presiding  officers  of  the 
two  Houses,  and  chairmen  of  the  committees  of  Congress  ;  relate 
to  the  election  of  President  and  Vice  President ;  declare  the  officer 
who  shall  act  as  President  in  case  of  vacancies  in  offices,  both  of 
President  and  Vice  President ;  provide  compensation  to  the  Presi- 
dent and  Vice  President ;  to  messengers  to  deliver  electoral  votes ; 
apportion  the  Representatives  in  Congress  according  to  the  last 
census,  and  prescribe  the  district  election  of  Representatives ;  esta- 
blish a  uniform  time  for  holding  elections  for  Electors,  and  pre- 
scribe the  mode  in  which  the  public  acts,  records,  and  judicial  pro- 
ceedings, in  each  State,  shall  be  authenticated  so  as  to  take  effect 
in  every  other  State;  provide  for  the  protection  of  Ambassadors  and 
other  public  ministers;  for  the  preservation  of  the  neutrality  of  the 
United  States,  and  establish  Little  &  Brown's  edition  of  the  laws 
and  treaties  of  the  United  States  competent  evidence  in  all  the  courts 
and  offices  of  the  United  States  and  of  the  several  States,  &c. 


l.  AN  ACT  to  regulate  the  time  and  manner  of  administering  ceuain 

oaths. 

SEC.  1.    Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  oj  America  in  Congress  (assembled,  That  the  oath  or  affir- 


288 

mation  required  by  the  sixth  article  ol  the  Constitution  of  the  United 
States,  shall  be  administered  in  the  form  following,  to  wit:  "/,  A.  B., 
do  solemnly  swear  or  affirm  (as  the  case  may  be)  that  I  will  support  the 
Constitution  of  the  United  States."  The  said  oath  or  affirmation  shall 
be  administered  within  three  days  after  the  passing  of  this  act,  by  any 
one  member  of  the  Senate,  to  the  President  of  the  Senate,  and  by  him 
to  all  the  members,  and  to  the  Secretary;  and  by  the  speaker  of  the 
House  of  Representatives  to  all  the  members  who  have  not  taken  a 
similar  oath,  by  virtue  of  a  particular  resolution  of  the  said  House,  and 
to  the  clerk :  And  in  case  of  the  absence  of  any  member  from  the  ser- 
vice of  either  House  at  the  time  prescribed  for  taking  the  said  oath  or 
affirmation,  the  same  shall  be  administered  to  such  member  when  he 
shall  appear  to  take  his  seat. 

SEC.  2.  And  be  it  further  enacted,  That  at  the  first  session  of  Congress 
after  every  general  election  of  representatives,  the  oath  or  affirmation 
aforesaid  shall  be  administered  by  any  one  member  of  the  House  of 
Representatives  to  the  speaker;  and  by  him  to  all  the  members  present, 
and  to  the  clerk,  previous  to  entering  on  any  other  business  ;  and  to  the 
members  who  shall  afterwards  appear,  previous  to  taking  their  seats. 
The  President  of  the  Senate  for  the  time  being,  shall  also  administer  the 
said  oath  or  affirmation  to  each  Senator  who  shall  hereafter  be  ejected, 
previous  to  his  taking  his  seat:  And  in  any  future  case  of  a  President  of 
the  Senate,  who  shall  not  have  taken  the  said  oath  or  affirmation,  the 
same  shall  be  administered  to  him  by  any  one  of  the  members  of  the 
Senate. 

SEC.  3.  And  be  it  further  enacted,  That  the  members  of  the  several 
State  legislatures,  at  the  next  sessions  of  the  said  legislatures  respect- 
ively, and  all  executive  and  judicial  officers  of  the  several  States,  who 
have  been  heretofore  chosen  or  appointed,  or  who  shall  be  chosen  or  ap- 
pointed before  the  first  day  of  August  next,  and  who  shall  then  be  in 
office,  shall,  within  one  month  thereafter,  take  the  same  oath  or  affirma- 
tion, except  where  they  shall  have  taken  it  before  ;  which  may  be  ad- 
ministered by  any  person  authorized  by  the  law  of  the  State,  in  which 
such  office  shall  be  holden,  to  administer  oaths.  And  the  members  of 
the  several  State  legislatures,  and  all  executive  and  judicial  officers  of 
the  several  States,  who  shall  be  chosen  or  appointed  after  the  said  first 
day  of  August,  shall,  before  they  proceed  to  execute  the  duties  of  their 
respective  offices,  take  the  foregoing  oath  or  affirmation,  which  shall  be 
administered  by  the  person  or  persons,  who,  by  the  law  of  the  State, 
shall  be  authorized  to  administer  the  oath  of  office ;  and  the  person  or 
persons  so  administering  the  oath  hereby  required  to  be  taken,  shall 
cause  a  record  or  certificate  thereof  to  be  made,  in  the  same  manner  as, 


289 

by  the  law  of  the  State,  he  or  they  shall  be  directed  to  record  or  certify 
the  oath  of  office. 

SEC.  4.  And  be  it  further  enacted,  That  all  officers  appointed,  or  here- 
after to  be  appointed,  under  the  authority  of  the  United  States,  shall, 
before  they  act  in  their  respective  offices,  take  the  same  oath  or  affirma- 
tion, which  shall  be  administered  by  the  person  or  persons  who  shall  be 
authorized  by  law  to  administer  to  such  officers  their  respective  oaths  of 
office  ;  and  such  officers  shall  incur  the  same  penalties  in  case  of  failure, 
as  shall  be  imposed  by  law  in  case  of  failure  in  taking  their  respective 
oaths  of  office. 

SEC.  5.  And  be  it  further  enacted,  That  the  Secretary  of  the  Senate, 
and  the  Clerk  of  the  House  of  Representatives,  for  the  time  being,  shall, 
at  the  time  of  taking  the  oath  or  affirmation  aforesaid,  each  take  an  oath 
or  affirmation  in  the  words  following,  to  wit :  "  /,  A.  B.,  Secretary  of  the 
Senate,  or  Clerk  of  the  House  of  Representatives  (as  the  case  may  be)  of 
the  United  States  of  America,  do  solemnly  swear  or  affirm,  that  Iwilltn.ly 
and  faithfully  discharge  the  duties  of  my  said  office,  to  the  best  of  my  know- 
ledge and  abilities." 

Approved,  June  I,  1789 

2.  AN  ACT  for  the  punishment  of  certain  crimes  against  the  United 

States. 

SEC.  25.  And  be  it  further  enacted,  That  if  any  writ  or  process  shall  at 
any  time  hereafter  be  sued  forth  or  prosecuted  by  any  person  or  persons, 
in  any  of  the  courts  of  the  United  States,  or  in  any  of  the  courts  of  a 
particular  State,  or  by  any  judge  or  justice  therein  respectively,  whereby 
the  person  of  any  ambassador  or  other  public  minister  of  any  foreign 
prince  or  State,  authorized  and  received  as  such  by  the  President  of  the 
United  States,  or  any  domestic  or  domestic  servant  of  any  such  ambas- 
sador or  other  public  minister,  may  be  arrested  or  imprisoned,  or  his  or 
their  goods  or  chattels  be  distrained,  seized  or  attached,  such  writ  or 
process  shall  be  deemed  and  adjudged  to  be  utterly  null  and  void  to  all 
intents,  construction  and  purposes  whatsoever. 

SEC.  26.  And  be  it  further  enacted,  That  in  case  any  person  or  persons 
shall  sue  forth  or  prosecute  any  such  writ  or  process,  such  person  or  per- 
sons, and  all  attorneys  or  solicitors  prosecuting  or  soliciting  in  such  case, 
and  all  officers  executing  any  such  writ  or  process,  being  thereof  con- 
victed, shall  be  deemed  violators  of  the  laws  of  nations,  and  disturbers 
of  the  public  repose,  and  imprisoned  not  exceeding  three  years,  and  fined 
at  the  discretion  of  the  court. 

SEC.  27.  Provided  nevertheless,  That  no  citizen  or  inhabitant  of  tho 
United  States,  who  shall  have  contracted  debts  prior  to  his  entering  inlo 
*  28* 


290 

the  service  of  any  ambassador  or  other  public  minister,  which  debts  shall 
be  still  due  and  unpaid,  shall  have,  take,  or  receive  any  benefit  of  this  act, 
nor  shall  any  person  be  proceeded  against  by  virtue  of  this  act,  for  having 
arrested  or  sued  any  other  domestic  servant  of  any  ambassador  or  otner 
public  minister,  unless  the  name  of  such  servant  be  first  registered  in  the 
office  of  the  Secretary  of  State,  and  by  such  secretary  transmitted  to  the 
marshal  of  the  district  in  which  Congress  shall  reside,  who  shall,  upon 
receipt  thereof,  affix  the  same  in  some  public  place  in  his  office,  whereto 
all  persons  may  resort  and  take  copies  without  fee  or  reward. 

SEC.  28.  And  be  it  further  enacted,  That  if  any  person  shall  violate  any 
safe-conduct  or  passport  duly  obtained  and  issued  under  the  authority  of 
the  United  States,  or  shall  assault,  strike,  wound,  imprison,  or  in  any 
other  manner  infract  the  law  of  nations,  by  offering  violence  to  the  per- 
son of  an  ambassador  or  other  public  minister,  such  person  so  offending, 
on  conviction,  shall  be  imprisoned  not  exceeding  three  years,  and  fined  at 
the  discretion  of  the  court. 

Approved,  April  30,  1790. 

3.  AN  ACT  to  prescribe  the  mode  ia  which  the  public  acts,  records, 
and  judicial  proceedings,  in  each  State,  shall  be  authenticated  so  as  to 
take  effect  in  every  other  State. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
^States  of  America  in  Congress  assembled,  That  the  acts  of  the  legislatures 
of  the  several  States  shall  be  authenticated  by  having  the  seal  of  their 
respective  States  affixed  thereto : — That  the  records  and  judicial  pro- 
ceedings of  the  courts  of  any  State  shall  be  proved  or  admitted  in  any 
other  court  within  the  United  States,  by  the  attestation  of  the  clerk,  and 
the  seal  of  the  court  annexed,  if  there  be  a  seal,  together  with  a  certifi- 
cate of  the  judge,  chief  justice,  or  presiding  magistrate,  as  the  case  may 
be,  that  the  said  attestation  is  in  due  form.  And  the  said  records  and 
judicial  proceedings,  authenticated  as  aforesaid,  shall  have  such  faith 
and  credit  given  to  them  in  every  court  within  the  United  States,  as  they 
have  by  law  or  usage  in  the  courts  of  the  State  from  whence  the  said 
records  are,  or  shall  be  taken. 

Approved,  May  26,  1790. 

4.  AN  ACT  supplemental  to  the  act  "  establishing  the  Treasury  De- 

partment," and  for  a  farther  compensation  to  certain  officers. 
SEC.  2.  And  be  it  further  enacted,  That  each  and  every  clerk,  and  other 
officer  already  appointed  in  any  of  the  departments  of  the  United  States, 
and  who  have  not,  since  their  appointment,  taken  the  oath  or  affirma* 


291 

tion  hereafter  mentioned,)  shall,  within  fifteen  days  after  the  passing  of 
this  act,  and  those  who  shall  hereafter  be  appointed,  shall,  before  they 
enter  upon  the  duties  of  such  appointment,  take  an  oath  or  affirmation, 
before  one  of  the  justices  of  the  Supreme  Court,  or  one  of  the  judges  of 
a  district  court  of  the  United  States,  to  support  the  Constitution  of  the 
United  States,  and  also  an  oath  or  affirmation,  well  and  faithfully  to  exe- 
cute the  trust  committed  to  him,  which  oaths  or  affirmations,  subscribed 
by  such  clerk,  and  certified  by  the  person  administering  the  same,  shall 
be  filed  in  the  office  of  the  person  employing  such  clerk. 

Approved,  3  March,  1791. 

5.  AN  ACT  relative  to  the  election  of  a  President  and  Vice  President 
of  the  United  States,  and  declaring  the  officer  who  shall  act  as  Presi- 
dent in  cases  of  vacancies  in  the  offices  both  of  President  and  Vice 
President. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  except  Ln  case  of 
an  election  of  a  President  and  Vice  President  of  the  United  States,  prior 
to  the  ordinary  period,  as  hereinafter  specified,  electors  shall  be  appointed 
in  each  State  for  the  election  of  a  President  and  Vice  President  of  the 
United  States,  within  thirty-four  days  preceding  the  first  Wednesday  in 
December,  one  thousand  seven  hundred  and  ninety-two,  and  within 
thirty-four  days  preceding  the  first  Wednesday  in  December  in  every 
fourth  year  succeeding  the  last  election,  which  electors  shall  be  equal  to 
the  number  of  Senators  and  Representatives  to  which  the  several  States 
may,  by  law,  be  entitled  at  the  time  when  the  President  and  Vice  Presi- 
dent, thus  to  be  chosen,  should  come  into  office.  Provided  always,  That 
where  no  apportionment  of  Representatives  shall  have  been  made  after 
any  enumeration,  at  the  time  of  choosing  electors,  then  the  number  of 
electors  shall  be  according  to  the  existing  apportionment  of  Senators  and 
Representatives. 

SEC.  2.  And  be  it  further  enacted,  That  the  electors  shall  meet  and  give 
their  votes  on  the  said  first  Wednesday  in  December,  at  such  p'ace,  in 
each  State,  as  shall  be  directed  by  the  legislature  thereof;  and  the  elec 
'ors  in  each  State  shall  make  and  sign  three  certificates  of  all  the  votes 
by  them  given,  and  shall  seal  up  the  same,  certifying,  on  each,  that  a  list 
of  the  votes  of  such  State,  for  President  and  Vice  President,  is  contained 
therein,  and  shall,  by  writing,  under  their  hands,  or  under  the  hands  of  a 
majority  of  them,  appoint  a  person  to  take  charge  of,  and  deliver  to  the 
President  of  the  Senate,  at  the  seat  of  Government,  before  the  first 
Wednesday  in  January  then  next  ensuing,  one  of  the  said  certificai.es 


292 

and  the  said  electors  shall  forthwith  forward,  by  the  post-office,  to  the 
President  of  the  Senate,  at  the  seat  of  Government,  one  other  of  the  said 
certificates ;  and  shall,  forthwith,  cause  the  other  of  the  said  certificates 
to  be  delivered  to  the  judge  of  that  district  in  which  the  said  electora 
shall  assemble. 

SEC.  3.  And  be  it  further  enacted,  That  the  executive  authority  of  each 
State  shall  cause  three  lists  of  the  names  of  the  electors  of  such  State  to 
be  made,  and  certified,  and  to  be  delivered  to  the  electors  on  or  before 
the  said  first  Wednesday  in  December ;  and  the  said  electora  shall  annex 
one  of  the  said  lists  to  each  of  the  lists  of  their  votes. 

SEC.  4.  And  be  it  further  enacted,  That  if  a  list  of  votes  from  any 
State  shall  not  have  been  received  at  the  seat  of  government,  on  the  said 
first  Wednesday  in  January,  that  then  the  Secretary  of  State  shall  send 
a  special  messenger  to  the  district  judge  in  whose  custody  such  list  shall 
have  been  lodged,  who  snail  forthwith  transmit  the  same  to  the  seat  of 
Government. 

SEC.  5.  And  be  it  further  enacted,  That  Congress  shall  be  in  session 
on  the  second  Wednesday  in  February,  one  thousand  seven  hundred 
and  ninety-three,  and  on  the  second  Wednesday  in  February  succeeding 
every  meeting  of  the  electors,  and  the  said  certificates,  or  so  many  of 
them  as  shall  have  been  received,  shall  then  be  opened,  the  votes 
counted,  and  the  persons  who  shall  fill  the  offices  of  President  and  Vice 
President  ascertained  and  declared,  agreeably  to  the  Constitution. 

SEC.  6.  And  be  it  further  enacted.  That,  in  case  there  shall  be  no 
President  of  the  Senate  at  the  seat  of  Government  on  the  arrival  of  the 
persons  intrusted  with  the  lists  of  the  votes  of  the  electors,  then  such 
persons  shall  deliver  the  lists  of  votes  in  their  custody  into  the  office  of 
the  Secretary  of  State,  to  be  safely  kept  and  delivered  over,  as  soon  as 
may  be,  to  the  President  of  the  Senate. 

SEC.  7.  And  be  it  further  enacted,  That  the  persons  appointed  by  the 
electors  to  deliver  the  lists  of  votes  to  the  President  of  the  Senate,  shall 
be  allowed,  on  the  delivery  of  the  said  lists,  twenty-five  cents  for  every 
mile  of  the  estimated  distance,  by  the  most  usual  road,  from  the  place  of 
meeting  of  the  electors  to  the  seat  of  Government  of  the  United  States. 

SEC.  8.  And  be  it  further  enacted,  That  if  any  person,  appointed  to 
deliver  the  votes  of  the  electors  to  the  President  of  the  Senate,  shall, 
after  accepting  of  his  appointment,  neglect  to  perform  the  services 
required  of  him  by  this  act,  he  shall  forfeit  the  sum  of  one  thousand 
dollars. 

SEC.  9.  And  be  it  further  enacted,  That  in  case  of  a  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice  President  of  the 


293 

United  States,  the  President  of  the  Senate  pro  tcmpore,  and,  m  case 
there  shall  be  no  President  of  the  Senate,  then  the  Speaker  of  the 
House  of  Representatives,  for  the  time  being,  shall  act  as  President  of 
the  United  States,  until  the  disability  be  removed,  or  a  President  shall 
be  elected. 

SEC.  10.  And  be  it  further  enacted,  That  whenever  the  offices  of  Pre- 
sident and  Vice  President  shall  both  become  vacant,  the  Secretary  of 
State  shall  forthwith  cause  a  notification  thereof  to  be  made  to  the  exe- 
cutive of  every  State,  and  shall  also  cause  the  same. to  be  published  in, 
at  least,  one  of  the  newspapers  printed  in  each  State,  specifying  that 
electors  of  the  President  of  the  United  States  shall  be  appointed  or 
chosen,  in  the  several  States,  within  thirty-four  days  preceding  the  first 
Wednesday  in  December,  then  next  ensuing :  Provided,  There  shall  be 
the  space  of  two  months  between  the  date  of  such  notification  and  the 
said  first  Wednesday  in  December ;  but  if  there  shall  not  be  the  space 
of  two  months  between  the  date  of  such  notification  and  the  first  Wed- 
nesday in  December,  and  if  the  term  for  which  the  President  and  Vice 
President  last  in  office  were  elected  shall  not  expire  on  the  third  day  of 
March  next  ensuing,  then  the  Secretary  of  State  shall  specify  in  the 
notification,  that  the  electors  shall  be  appointed  or  chosen  within  thirty- 
four  days  preceding  the  first  Wednesday  in  December  in  the  year  next 
ensuing,  within  which  time  the  electors  shall  accordingly  be  appointed 
or  chosen,  and  the  electors  shall  meet  and  give  their  votes  on  the  said 
first  Wednesday  in  December,  and  the  proceedings  and  duties  of  the 
said  electors,  and  others,  shall  be  pursuant  to  the  directions  prescribed 
in  this  act. 

SEC.  11.  And  be  it  further  enacted,  That  the  only  evidence  of  a  refusal 
to  accept,  or  of  a  resignation  of,  the  office  of  President  or  Vice  Presi- 
dent, shall  be  an  instrument  in  writing,  declaring  the  same,  and  sub- 
scribed by  the  person  refusing  to  accept,  or  resigning,  as  the  case  may 
be,  and  delivered  into  the  office  of  the  Secretary  of  State. 

SEC.  12.  And  be  it  further  enacted,  That  the  term  of  four  years  for 
which  a  President  and  Vice  President  shall  be  elected,  shall,  in  all 
cases,  commence  on  the  fourth  day  of  March  next  succeeding  the  day  oil 
which  the  votes  of  the  electors  shall  have  been  given. 

Approved,  March  1,  1792. 

6.  AN  ACT  providing  compensation  to  the  President  and  Vice  Presi- 
dent of  the  United  States. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  Stales  of  America  in  Congress  assembled,  That  from  and  after  the 


294 

third  day  of  March,  in  the  present  year,  the  compensation  of  the  Presi- 
dent of  the  United  States  shall  be  at  the  rate  of  twenty-five  thousand 
dollars  per  annum,  with  the  use  of  the  furniture  and  other  effects  belong- 
ing to  the  United  States,  and  now  in  possession  of  the  President :  And 
that  of  the  Vice  President,  at  the  rate  of  five  thousand  dollars^per 
annum  ;  in  full  for  their  respective  services ;  to  be  paid  quarter  yearly, 
at  the  Treasury. 

Approved,  February  18,  1793. 

7.  AN  ACT  to  authorize  certain  officers  and  other  persons  to  admi- 

nister oaths. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Slates  of  America  in  Congress  assembled,  That  the  President  of  the 
Senate,  the  Speaker  of  the  House  of  Representatives,  a  chairman  of  a 
committee  of  the  whole,  or  a  chairman  of  a  select  committee  of  either 
House,  shall  be  empowered  to  administer  oaths  or  affirmations  to  wit- 
nesses, in  any  case  under  their  examination. 

SEC.  2.  And  be  it  further  enacted,  That  if  any  person  shall  wilfully, 
absolutely,  and  falsely  swear  or  affirm,  touching  any  matter  or  thing 
material  to  the  point  in  question,  whereto  he  or  she  shall  be  thus  exa- 
mined, every  person  so  offending,  and  being  thereof  duly  convicted,  shall 
be  subjected  to  the  pains,  penalties,  and  disabilities,  which  by  law  are 
prescribed  for  the  punishment  of  the  crime  of  wilful  and  corrupt  per- 
jury. Approved,  May  3,  1798. 

8.  AN  ACT  supplementary  to  the  act,  entitled  "An  Act  to  prescribe 
the  mode  in  which  the  public  acts,  records,  and  judicial  proceedings 
in  each  State  shall  be  authenticated  so  as  to  take  effect  in  every  other 
State." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Stales  of  America  in  Congress  assembled,  That  from  and  after  the  pas- 
sage of  this  act,  all  records  and  exemplifications  of  office  books,  which 
are  or  may  be  kept  in  any  public  office  of  any  State,  not  appertaining  to 
a  court,  shall  be  approved  or  admitted  in  any  other  court  or  office  in  any 
other  State,  by  the  attestation  of  the  keeper  of  the  said  records  or  books, 
and  the  seal  of  his  office  thereto  annexed,  if  there  be  a  seal,  together 
with  a  certificate  of  the  presiding  justice  of  the  court  of  the  county  or 
district,  as  the  case  may  be,  in  which  such  office  is  or  m&y  be  kept ;  or 
of  the  Governor,  the  Secretary  of  State,  the  Chancellor  or  the  keeper 
of  the  great  seal  of  the  State,  that  the  said  attestation  is  in  due  form  and 
ay  the  proper  officer;  and  the  said  certificate,  if  given  by  the  presiding 


295 

justice  of  a  court,  shall  be  further  authenticated  by  the  clerk  or  protho- 
notary  of  the  said  court,  who  shall  certify  under  his  hand  and  the  seal  of 
his  office,  that  the  said  presiding  justice  is  duly  commissioned  and  quali- 
fied ;  or  if  the  said  certificate  be  given  by  the  Governor,  the  Secretary 
of  State,  the  Chancellor  or  keeper  of  the  great  seal,  it  shall  be  under  the 
great  seal  of  the  State  in  which  the  said  certificate  is  made.  And  the 
said  records  and  exemplifications,  authenticated  as  aforesaid,  shall  have 
such  faith  and  credit  given  to  them  in  every  court  and  office  within  the 
United  States,  as  they  have  by  law  or  usage  in  the  courts  or  offices  01 
the  State  from  whence  the  same  are  or  shall  be  taken. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  provisions  of  this  act, 
and  the  act  to  which  this  is  a  supplement,  shall  apply  ab  well  to  the 
public  acts,  records,  office  books,  judicial  proceedings,  courts  and  offices 
of  the  respective  territories  of  the  United  States,  and  countries  subject 
to  the  jurisdiction  of  the  United  States,  as  to  the  public  acts,  records, 
offices'  books,  judicial  proceedings,  courts  and  offices  of  the  several 
States. 

Approved,  March  27,  1804. 

9.  AN  ACT  to  extend  the  provisions  of  the  act  to  authorize  certain 
officers  and  other  persons  to  administer  oaths,  approved  May  the  3d, 
1798. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  chairman  of  any 
standing  committee,  either  of  the  House  of  Representatives,  or  of  the 
Senate  of  the  United  States,  shall  be  empowered  to  administer  oaths  or 
affirmations  to  witnesses  in  any  case  under  their  examination ;  and  any 
person  who  shall  be  guilty  of  perjury  before  such  committee  shall  be 
liable  to  the  pains,  penalties,  and  disabilities,  prescribed  for  the  punish- 
ment of  the  crime  of  wilful  and  corrupt  perjury. 

Approved,  February  8,  1817. 

10.  AN  ACT  to  provide  for  the  Publication  of  the  Laws  of  the  United 

States,  and  for  other  purposes. 

SEC.  2.  And  be  it  further  enacted,  That,  whenever  official  notice  shall 
have  been  received,  at  the  Department  of  State,  that  any  amendment 
which  heretofore  has  been,  or  hereafter  may  be,  proposed  to  the  Con- 
stitution of  the  United  States,  has  been  adopted,  according  to  the  provi- 
sions of  the  Constitution,  it  shall  be  the  duty  of  the  said  Secretary  of 
State,  forthwith  to  cause  the  said  amendment  to  be  published  in  tne  said 
newspapers  authorized  to  promulgate  the  laws,  with  his  certifuate,  spe 


296 

cifying  the  States  by  which  the  same  may  have  been  adopted,  and  that 
the  same  has  become  valid,  to  all  intents  and  purposes,  as  a  part  of  the 
Constitution  of  the  United  States. 

Approved,  April  20,  1818. 

11.  AN  ACT  in  addition  to  the  "Act  for  the  punishment  of  certain 
crimes  against  the  United  States,"  and  to  repeal  the  acts  therein  men- 
tioned. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  if  any  citizen  of 
the  United  States  shall,  within  the  territory  or  jurisdiction  thereof,  ac- 
cept and  exercise  a  commission  to  serve  a  foreign  prince,  State,  colony, 
district,  or  people,  in  war,  by  land  or  by  sea,  against  any  prince,  State, 
colony,  district,  or  people,  with  whom  the  United  States  are  at  peace, 
the  person  so  offending  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  shall  be  fined  not  more  than  two  thousand  dollars,  and  shall  be  im- 
prisoned not  exceeding  three  years. 

SEC.  2.  And  be  it  further  enacted,  That  if  any  person  shall,  within  the 
territory  or  jurisdiction  of  the  United  States,  enlist  or  enter  himself,  or 
hire  or  retain  another  person  to  enlist  or  enter  himself,  or  to  go  beyond 
the  limits  or  jurisdiction  of  the  United  States  with  intent  to  be  enlisted 
or  entered  in  the  service  of  any  foreign  prince,  State,  colony,  district,  or 
people,  as  a  soldier,  or  as  a  marine  or  seaman,  on  board  of  any  vessel  of 
war,  letter  of  marque,  or  privateer,  every  person,  so  offending,  shall  be 
deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined  not  exceeding 
one  thousand  dollars,  and  be  imprisoned  not  exceeding  three  years: 
Provided,  That  this  act  shall  not  be  construed  to  extend  to  any  subject 
or  citizen  of  any  foreign  prince,  State,  colony,  district,  or  people,  who 
shall  transiently  be  within  the  United  States,  and  shall,  on  board  of  any 
vessel  of  war,  letter  of  marque,  or  privateer,  which,  at  the  time  of  its 
arrival  within  the  United  States,  was  fitted  and  equipped  as  such,  enlist 
or  enter  himself,  or  hire  or  retain  another  subject  or  citizen  of  the  same 
foreign  prince,  State,  colony,  district,  or  people,  who  is  transiently 
within  the  United  States,  to  enlist  or  enter  himself  to  serve  such  foreign 
prince,  State,  colony,  district,  or  people,  on  board  such  vessel  of  war, 
letter  of  marque,  or  privateer,  if  the  United  States  shall  then  be  at  peace 
with  such  foreign  prince,  State,  colony,  district,  or  people. 

SEC.  3.  And  be  it  further  enacted,  That  if  any  person  shall,  within  the 
'imits  of  tne  United  States,  fit  out  and  arm,  or  attempt  to  fit  out  and  arm, 
or  procure  to  be  fitted  out  and  armed,  or  shall  knowingly  be  concerned 
in  the  furnishing,  fitting  out,  or  arming,  of  any  ship  or  vessel,  with  intent 


297 

that  such  ship  or  vessel  shall  be  employed  in  the  service  of  any  foreign 
prince  or  State,  or  of  any  colony,  district,  or  people,  to  cruise  or  commit 
hostilities  against  the  subjects,  citizens,  or  property,  of  any  foreign  prince 
or  State,  or  of  any  colony,  district,  or  people,  with  whom  the  United 
States  are  at  peace,  or  shall  issue  or  deliver  a  commission  within  the  ter- 
ritory or  jurisdiction  of  the  United  States,  for  any  ship  or  vessel,  to  the 
intent  that  she  may  be  employed  as  aforesaid,  every  person  so  offending 
shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined  not 
more  than  ten  thousand  dollars,  and  imprisoned  not  more  than  three 
years ;  and  every  such  ship  or  vessel,  with  her  tackle,  apparel,  and  fur- 
niture, together  with  all  materials,  arms,  ammunition  and  stores,  which 
may  have  been  procured  for  the  building  and  equipment  thereof,  shall  be 
forfeited,  one  half  to  the  use  of  the  informer,  and  the  other  half  to  the  use 
of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  if  any  citizen  or  citizens  of  the 
United  States  shall,  without  the  limits  thereof,  fit  out  and  arm,  or  attempt 
to  fit  out  and  arm,  or  procure  to  be  fitted  out  and  armed,  or  shall  know- 
ingly aid  or  be  concerned  in  the  furnishing,  fitting  out,  or  arming,  any 
private  ship  or  vessel  of  war,  or  pri  /ateer,  with  intent  that  such  ship  or 
vessel  shall  be  employed  to  cruise,  or  commit  hostilities,  upon  the  citi- 
zens of  the  United  States,  or  their  property,  or  shall  take  the  command 
of,  or  enter  on  board  of,  any  such  ship  or  vessel,  for  the  intent  aforesaid, 
or  shall  purchase  any  interest  in  any  such  ship  or  vessel,  with  a  view  to 
share  in  the  profits  thereof,  such  person,  so  offending,  shall  be  deemed 
guilty  of  a  high  misdemeanor,  and  fined  not  more  than  ten  thousand  dol- 
lars, and  imprisoned  not  more  than  ten  years ;  and  the  trial  for  such 
offence,  if  committed  without  the  limits  of  the  United  States,  shall  be  in 
the  district  in  which  the  offender  shall  be  apprehended  or  first  brought. 

SEC.  5.  And  be  it  further  enacted,  That  if  any  person  shall,  within  the 
territory  or  jurisdiction  of  the  United  States,  increase  or  augment,  or 
procure  to  be  increased  or  augmented,  or  shall  knowingly  be  concerned 
in  increasing  or  augmenting,  the  force  of  any  ship  of  war,  cruiser,  or  other 
armed  vessel,  which,  at  the  time  of  her  arrival  within  the  United  States, 
was  a  ship  of  war,  or  cruiser,  or  armed  vessel,  in  the  service  of  any 
foreign  prince  or  State,  or  of  any  colony,  district,  or  people,  or  belong- 
ing to  the  subjects  or  citizens  of  any  such  prince  or  State,  colony,  dis- 
trict, or  people,  the  same  being  at  war  with  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people,  with  whom  the  United  States  are  at 
peace,  by  adding  to  the  number  of  the  guns  of  such  vessel,  or  by  changing 
those  on  board  of  her  for  guns  of  a  larger  calibre,  or  by  the  addition 
thereto  of  any  equipme.it  solely  applicable  to  war,  every  person,  so  of 

29 


298  * 

fending,  shall  be  deemed  guilty  of  a  high  misdemeanor,  shall  be  fined 
not  more  than  one  thousand  dollars  and  be  imprisoned  not  more  tnan  one 
year. 

SEC.  6.  And  be  it  further  enacted,  That  if  any  person  shall,  within  the 
territory  or  jurisdiction  of  the  United  States,  begin  or  set  on  foot,  or  pro- 
vide or  prepare  the  means  for,  any  military  expedition  or  enterprise,  to 
be  carried  on  from  thence  against  the  territory  or  dominions  of  any  foreign 
prince  or  State,  or  of  any  colony,  district,  or  people,  with  whom  the 
United  States  are  [at]  peace,  every  person,  so  offending,  shall  be  deemed 
guilty  of  a  high  misdemeanor,  and  shall  be  fined  not  exceeding  three 
thousand  dollars,  and  imprisoned  not  more  than  three  years. 

SEC.  7.  And  be  it  further  enacted,  That  the  district  court  shall  take 
cognisance  of  complaints,  by  whomsoever  instituted,  in  cases  of  captures 
made  within  the  waters  of  the  United  States,  or  within  a  marine  league 
of  the  coasts  or  shores  thereof. 

SEC.  8.  And  be  it  further  enacted,  That  in  every  case  in  which  a  ves- 
sel shall  be  fitted  out  and  armed,  or  attempted  to  be  fitted  out  and  armed, 
or  in  which  the  force  of  any  vessel  of  war,  cruiser,  or  other  armed  vessel, 
shall  be  increased  or  augmented,  or  in  which  any  military  expedition  or 
enterprise  shall  be  begun  or  set  on  foot,  contrary  to  the  provisions  and 
prohibitions  of  this  act ;  and  in  every  case  of  the  capture  of  a  ship  or  ves- 
sel within  the  jurisdiction  or  protection  of  the  United  States  as  before 
defined,  and  in  every  case  in  which  any 'process  issuing  out  of  any  court 
of  the  United  States  shall  be  disobeyed  or  resisted  by  any  person  or  per- 
sons having  the  custody  of  any  vessel  of  war,  cruiser,  or  other  armed 
vessel,  of  any  foreign  prince  or  State,  or  of  any  colony,  district,  or  peo- 
ple, or  of  any  subjects  or  citizens  of  any  foreign  prince  or  State,  or  of  any 
colony,  district,  or  people,  in  every  such  case  it  shall  be  lawful  for  the 
President  of  the  United  States,  or  such  other  person  as  he  shall  have 
empowered  for  that  purpose,  to  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States,  or  of  the  militia  thereof,  for  the  purpose  of 
taking  possession  of  and  detaining  any  such  ship  or  vessel,  with  her 
prize  or  prizes,  if  any,  in  order  to  the  .execution  of  the  prohibitions  and 
penalties  of  this  act,  and  to  the  restoring  the  prize  or  prizes  in  the  cases 
in  which  restoration  shall  have  been  adjudged,  and  also  for  the  purpose 
of  preventing  the  carrying  on  of  any  such  expedition  or  enterprise  from 
the  territories  or  jurisdiction  of  the  United  States  against  the  territories 
or  dominions  of  any  foreign  prince  or  State,  or  of  any  colony,  district,  or 
people,  with  whom  the  United  States  are  at  peace. 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  Presi- 
dent of  the  United  States,  or  such  person  as  he  shall  empower  for  that 


299 

purpose,  to  employ  such  part  of  the  land  or  naval  forces  of  the  United 
States,  or  of  the  militia  thereof,  as  shall  be  necessary  to  compel  any 
foreign  ship  or  vessel  to  depart  the  United  States,  in  all  cases  in  which, 
by  the  laws  of  nations  or  the  treaties  of  the  United  States,  they  ought 
not  to  remain  within  the  United  States. 

SEC.  10.  And  be  it  further  enacted,  That  the  owners  or  consignees  of 
every  armed  ship  or  vessel  sailing  out  of  the  ports  of  the  United  States, 
belonging  wholly  or  in  part  to  citizens  thereof,  shall  enter  into  a  bond  to 
the  United  States  with  sufficient  sureties,  prior  to  clearing  out  the  same, 
in  double  the  amount  of  the  value  of  the  vessel  and  cargo  on  board,  in- 
cluding her  armament,  that  the  said  ship  or  vessel  shall  not  be  employed 
by  such  owners  to  cruise  or  commit  hostilities  against  the  subjects,  citi- 
zens, or  property,  of  any  foreign  prince  or  State,  or  of  any  colony,  dis- 
trict, or  people,  with  whom  the  United  States  are  at  peace. 

SEC.  11.  And  be  it  further  enacted,  That  the  collectors  of  the  customs 
be,  and  they  are  hereby,  respectively  authorized  and  required  to  detain 
any  vessel  manifestly  built  for  warlike  purposes,  and  about  to  depart  the 
United  States,  of  which  the  cargo  shall  principally  consist  of  arms  and 
munitions  of  war,  when  the  number  of  men  shipped  on  board,  or  other 
circumstances,  shall  render  it  probable  that  such  vessel  is  intended  to  be 
employed  by  the  owner  or  owners  to  cruise  or  commit  hostilities  upon 
the  subjects,  citizens,  or  property,  of  any  foreign  prince  or  State,  or  of 
any  colony,  district,  or  people,  with  whom  the  United  States  are  at 
peace,  until  the  decision  of  the  President  be  had  thereon,  or  until  the 
owner  or  owners  shall  give  such  bond  and  security  as  is  required  of  the 
owners  of  armed  ships  by  the  preceding  section  of  this  act. 

SEC.  12.  And  be  it  further  enacted,  That  the  act  passed  on  the  fifth 
4ay  of  June,  one  thousand  seven  hundred  and  ninety-four,  entitled  "  An 
act  in  addition  to  the  act  for  the  punishment  of  certain  crimes  against  the 
United  States,"  continued  in  force,  for  a  limited  time,  by  the  act  of  the 
second  of  March,  one  thousand  seven  hundred  and  ninety-seven,  and 
perpetuated  by  the  act  passed  on  the  24th  of  April,  one  thousand  eight 
hundred,  and  the  act,  passed  on  the  fourteenth  day  of  June,  one  thou- 
sand seven  hundred  and  ninety-seven,  entitled  "An  act  to  prevent  citi- 
zens of  the  United  States  from  privateering  against  nations  in  amity 
with,  or  against  the  citizens  of  the  United  States,"  and  the  act,  passed 
he  third  day  of  March,  one  thousand  eight  hundred  and  seventeen,  enti- 
tled "An  act  more  effectually  to  preserve  the  neutral  relations  of  the 
United  States,"  be,  and  the  same  are  hereby,  severally,  repealed:  Pro- 
vided nevertheless,  That  persons  having  heretofore  offended  against  any 
of  the  acts  aforesaid,  may  be  prosecuted,  convicted,  and  punished,  as  if 


300 

the  same  were  not  repealed ;  and  no  forfeiture  heretofore  incurred  by  a 
violation  of  any  of  the  acts  aforesaid  shall  be  affected  by  such  repeal. 

SEC.  13.  And  be  it  further  enacted,  That  nothing  in  the  foregoing  act 
shall  be  construed  to  prevent  the  prosecution  or  punishment  of  treason, 
or  any  piracy  defined  by  the  laws  of  the  United  States. 

Approved,  April  20,  1818. 

12.  AN  ACT  making  compensation  to  the  persons  appointed  by  the 

Electors  to  deliver  the  votes  for  President  and  Vice  President. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the  person 
appointed  by  the  electors  to  deliver  to  the  President  of  the  Senate  a  list 
of  the  votes  for  President  and  Vice  President,  shall  be  allowed,  on  deli- 
very of  said  list,  twenty-five  cents  for  every  mile  of  the  estimated  dis- 
tance, by  the  most  usual  route,  from  the  place  of  meeting  of  the  electors 
to  the  seat  of  Government  of  the  United  States,  going  and  returning. 

SEC.  2*.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from 
the  first  of  November,  eighteen  hundred  and  twenty-four. 

Approved,  February  11,  1825. 

13.  AN  ACT  for  the  apportionment  of  Representatives   among  the 

several  States  according  to  the  Sixth  Census. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  from  and  after 
the  third  day  of  March,  one  thousand  eight  hundred  and  forty-three,  the 
House  of  Representatives  shall  be  composed  of  members  elected  agree- 
ably to  a  ratio  of  one  Representative  for  every  seventy  thousand  six 
hundred  and  eighty  persons  in  each  State,  and  of  one  additional  Repre- 
sentative for  each  State  having  a  fraction  greater  than  one  moiety  of  the 
said  ratio,  computed  according  to  the  rule  prescribed  by  the  Constitution 
of  the  United  States ;  that  is  to  say :  Within  the  State  of  Maine,  seven ; 
within  the  State  of  New  Hampshire,  four ;  within  the  State  of  Massa- 
chusetts, ten;  within  the  State  of  Rhode  Island,  two;  within  the  State 
of  Connecticut,  four;  within  the  State  of  Vermont,  four;  within  the 
State  of  New  York,  thirty-four ;  within  the  State  of  New  Jersey,  five  ; 
within  the  State  of  Pennsylvania,  twenty-four ;  within  the  State  of  Dela- 
ware, one  ;  within  the  State  of  Maryland,  six  ;  within  the  State  of  Vir- 
ginia, fifteen;  within  the  State  of  North  Carolina,  nine;  within  the 
State  of  South  Carolina,  seven ;  within  the  State  of  Georgia,  eight ; 
within  the  State  of  Alabama,  seven;  within  the  State  of  Louisiana,  four; 
within  the  State  of  Mississippi,  four ;  within  the  State  of  Tennessee, 


301 

eleven ;  within  the  State  oi  Kentucky,  ten ;  within  the  State  of  Ohio, 
twenty-one;  within  the  State  of  Indiana,  ten;  within  the  State  of  Illi- 
nois, seven;  within  the  State  of  Missouri,  five;  within  the  State  of 
Arkansas,  one  ;  and  within  the  State  of  Michigan,  three. 

SEC.  2.  And  be  it  further  enacted,  That  in  every  case  where  a  State  is 
entitled  to  more  than  one  Representative,  the  number  to  which  each 
State  shall  be  entitled  under  this  apportionment  shall  be  elected  by  dis- 
tricts composed  of  contiguous  territory  equal  in  number  to  the  number 
of  Representatives  to  which  said  State  may  be  entitled,  no  one  district 
electing  more  than  one  Representative. 

Approved,  June  25,  1842. 

14.  AN  ACT  to  provide  further  remedial  justice  in  the  courts  of  the 

United  States. 
SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled,  That  either  of  the  jus- 
tices of  the  Supreme  Court  of  the  United  States,  or  a  judge  of  any  dis- 
trict court  of  the  United  States,  in  which  a  prisoner  is  confined,  in 
addition  to  the  authority  already  conferred  by  law,  shall  have  power  to 
grant  writs  of  habeas  corpus  in  all  cases  of  any  prisoner  or  prisoners  in 
jail  or  confinement,  where  he,  she,  or  they,  being  subjects  or  citizens  of 
a  foreign  State,  and  domiciled  therein,  shall  be  committed  or  confined, 
or  in  custody,  under  or  by  any  authority  or  law,  or  process  founded 
thereon,  of  the  United  States,  or  of  any  one  of  them,  for  or  on  account 
of  any  act  done  or  committed  under  any  alleged  right,  title,  authority, 
privilege,  protection,  or  exemption,  set  up  or  claimed  under  the  commis- 
sion, or  order,  or  sanction,  of  any  foreign  State  or  Sovereignty  the  vali- 
dity and  effect  whereof  depend  upon  the  law  of  nations,  or  under  color 
thereof.  And  upon  the  return  of  the  said  writ,  and  due  proof  of  the 
service  of  notice  of  the  said  proceedings  to  the  Attorney- General  or  other 
officer  prosecuting  the  pleas  of  the  State,  under  whose  authority  the  pe 
titioner  has  been  arrested,  committed,  or  is  held  in  custody,  to  be  pre- 
scribed by  the  said  justice  or  judge  at  the  time  of  granting  said  writ,  the 
said  justice  or  judge  shall  proceed  to  hear  the  said  cause ;  and  if,  upon 
hearing  the  same,  it  shall  appear  that  the  prisoner  or  prisoners  is  or  are 
entitled  to  be  discharged  from  such  confinement,  commitment,  custody, 
or  arrest,  for  or  by  reason  of  such  alleged  right,  title,  authority,  privi- 
leges, protection  or  exemption,  so  set  up  and  claimed,  and  the  law  of 
nations  applicable  thereto,  and  that  the  same  exists  in  fact,  and  has  been 
duly  proved  to  the  said  justice  or  judge,  then  it  shall  be  the  duty  of  the 
said  justice  or  judge  forthwith  to  discharge  such  prisoner  or  prisoners 

29* 


302 

accordingly.  And  if  it  shall  appear  to  the  said  justice  or  judge  that  such 
judgment  of  discharge  ought  not  to  be  rendered,  then  the  said  prisoner 
or  prisoners  shall  be  forthwith  remanded :  Provided  always,  That  from 
any  decision  of  such  justice  or  judge  an  appeal  may  be  taken  to  the  Cir- 
cuit Court  of  the  United  States  for  the  district  in  which  the  said  cause  is 
heard  ;  and  from  the  judgment  of  the  said  Circuit  Court  to  the  Supreme 
Court  of  the  United  States,  on  such  terms  and  under  such  regulations 
and  orders  as  well  for  the  custody  and  appearance  of  the  prisoner  or  pri- 
soners as  for  sending  up  to  the  appellate  tribunal  a  transcript  of  the  peti- 
tion, writ  of  habeas  corpus  returned  thereto,  and  other  proceedings,  as 
the  judge  hearing  the  said  cause  may  prescribe  ;  and  pending  such  pro- 
ceedings or  appeal,  and  until  final  judgment  be  rendered  therein,  and 
after  final  judgment  of  discharge  in  the  same,  any  proceeding  against 
said  prisoner  or  prisoners,  in  any  State  court,  or  by  or  under  the 
authority  of  any  State,  for  any  matter  or  thing  so  heard  and  determined, 
or  in  process  of  being  heard  and  determined,  under  and  by  virtue  of  such 
writ  of  habeas  corpus,  shall  be  deemed  null  and  void. 

Approved,  August  29,  1842. 

15.  AN  ACT  to  establish  a  uniform  time  for  holding  elections  for  elect- 
ors of  President  and  Vice  President  in  all  the  States  of  the  Union. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  Stales  of  America  in  Congress  assembled,  That  the  electors  of 
President  and  Vice  President  shall  be  appointed  in  each  State  on  the 
Tuesday  next  after  the  first  Monday  in  the  month  of  November  of  the 
year  in  which  they  are  to  be  appointed.  Provided,  That  each  state  may 
by  law  provide  for  the  filling  of  any  vacancy  or  vacancies  which  may 
occur  in  its  college  of  electors  when  guch  college  meets  to  give  its  elec- 
toral vote.  And  provided,  also,  when  any  State  shall  have  held  an  elec- 
tion for  the  purpose  of  choosing  electors,  and  shall  fail  to  make  a  choice 
on  the  day  aforesaid,  then  the  electors  may  be  appointed  on  a  subsequent 
day  in  such  manner  as  the  State  shall  by  law  provide. 

Approved,  January  23,  1845. 

lf>.  AN  ACT  to  provide  for  the  distribution  of  the  edition  of  the  laws 
and  treaties  of  the  United  States,  published  by  Little  and  Brown,  under 
the  provisions  of  the  resolutions  of  Congress,  approved  March  3,  1845, 
and  for  other  purposes. 
SEC.  2.  And  whereas,  said  edition  of  the  said  Laws  and  Treaties  of  the 

tinned  States  has  been  carefully  collated  and  compared  with  the  original 


303 

rolls  in  the  archives  of  the  government,  under  the  inspection  and  super- 
vision of  the  Attorney  General  of  the  United  States,  as  duly  certified  by 
that  officer;  Therefore,  Be  it  further  enacted,  That  said  edition  of  the 
Laws  and  Treaties  of  the  United  States,  published  by  Little  and  Brown, 
is  hereby  declared  to  be  competent  evidence  of  the  several  public  and 
private  acts  of  Congress,  and  of  the  several  treaties  therein  contained,  in 
all  the  courts  of  law  and  equity,  and  of  maritime  jurisdiction,  and  in  all 
the  tribunals  and  public  offices  of  the  United  States,  and  of  the  several 
States,  without  any  further  proof  or  authentication  thereof. 

Approved,  August  8,  1846. 

17.  AN  ACT  for  giving  effect  to  certain  treaty  stipulations  between  this 

and  foreign  governments,  for  the  apprehension  and  delivering  up  of 

certain  offenders. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  all  cases  in  which  there 
now  exists,  or  hereafter  may  exist,  any  treaty  or  convention  for  extra- 
dition between  the  government  of  the  United  States  and  any  foreign  go- 
vernment, it  shall  and  may  be  lawful  for  any  of  the  justices  of  the  supreme 
court  or  judges  of  the  several  district  courts  of  the  United  States — and  the 
judges  of  the  several  State  courts,  and  the  commissioners  authorized  so  to 
do  by  any  of  the  courts  of  the  United  States,  are  hereby  severally  vested 
with  power,  jurisdiction,  and  authority,  upon  complaint  made  under  oath 
or  affirmation,  charging  any  person  found  within  the  limits  of  any  state, 
district,  or  territory,  with  having  committed  within  the  jurisdiction  of  any 
such  foreign  government,  any  of  the  crimes  enumerated  or  provided  for  by 
any  such  treaty  or  convention — to  issue  his  warrant  for  the  apprehension 
of  the  person  so  charged,  that  he  may  be  brought  before  such  judge  or 
commissioner,  to  the  end  that  the  evidence  of  criminality  may  be  heard 
and  considered;  and  if,  on  such  hearing,  the  evidence  be  deemed  sufficient 
by  him  to  sustain  the  charge  under  the  provisions  of  the  proper  treaty  or 
convention,  it  shall  be  his  duty  to  certify  the  same,  together  with  a  copy 
of  all  the  testimony  taken  before  him,  to  the  Secretary  of  State,  that  a 
warrant  may  issue  upon  the  requisition  of  the  proper  authorities  of  such 
foreign  government,  for  the  surrender  of  such  person,  according  to  the 
stipulations  of  said  treaty  or  convention ;  and  it  shall  be  the  duty  of  the 
said  judge  or  commissioner  to  issue  his  warrant  for  the  commitment  of  the 
person  so  charged  to  the  proper  gaol,  there  to  remain  until  such  surrender 
shall  be  made. 

SEC.  2.  And  be  it  further  enacted,  That  in  every  case  of  complaint  as 
aforesaid,  and  of  a  hearing  upon  the  return  of  the  warrant  of  arrest,  copies 


304 

of  the  depositions  upon  which  an  original  warrant  in  any  such  foreign 
country  may  have  been  granted,  certified  under  the  hand  of  the  person  or 
persons  issuing  such  warrant,  and  attested  upon  the  oath  of  the  party  pro- 
ducing them  to  be  true  copies  of  the  original  depositions,  may  be  received 
in  evidence  of  the  criminality  of  the  person  so  apprehended. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  Secretary 
of  State,  under  his  hand  and  seal  of  office,  to  order  the  person  so  committed 
to  be  delivered  to  such  person  or  persons  as  shall  be  authorized,  in  the 
name  and  on  behalf  of  such  foreign  government,  to  be  tried  for  the  crime 
of  which  such  person  shall  be  so  accused,  and  such  person  shall  be  delivered 
up  accordingly;  and  it  shall  be  lawful  for  the  person  or  persons  authorized, 
as  aforesaid,  to  hold  such  person  in  custody,  and  to  take  him  or  her  to  the 
territories  of  such  foreign  government,  pursuant  to  such  treaty;  and  if  the 
person  so  accused  shall  escape  out  of  any  custody  to  which  he  or  she  shall 
be  committed,  or  to  which  he  or  she  shall  be  delivered,  as  aforesaid,  it  shall 
be  lawful  to  retake  such  person,  in  the  same  manner  as  any  person,  accused 
of  any  crime  against  the  laws  in  force  in  that  part  of  the  United  States 
to  which  he  or  she  shall  so  escape,  may  be  retaken  on  an  escape. 

SEC.  4.  And  be  it  further  enacted,  That  when  any  person  who  shall  have 
been  committed  under  this  act  or  any  such  treaty  as  aforesaid,  to  remain 
until  delivered  up  in  pursuance  of  a  requisition  as  aforesaid,  shall  not  be 
delivered  up  pursuant  hereto  and  conveyed  out  of  the  United  States 
within  two  calendar  months  after  such  commitment  over  and  above  the 
time  actually  required  to  convey  the  prisoner  from  the  gaol  to  which  he  or 
she  may  have  been  committed  by  the  readiest  way  out  of  the  United  States, 
it  shall  in  every  such  case  be  lawful  for  any  judge  of  the  United  States  or 
of  any  State,  upon  application  made  to  him  by  or  on  behalf  of  the  person 
so  committed,  and  upon  proof  made  to  him,  that  reasonable  notice  of  the 
intention  to  make  such  application  has  been  given  to  the  Secretary  of  State, 
to  order  the  person  so  committed  to  be  discharged  out  of  custody,  unless 
sufficient  cause  shall  be  shown  to  such  judge  why  such  discharge  ought  not 
to  be  ordered. 

SEC.  5.  And  be  it  further  enacted,  That  this  act  shall  continue  in  force 
during  the  existence  of  any  treaty  of  extradition  with  any  foreign  govern- 
ment, and  no  longer. 

SEC.  6.  And  be  it  further  enacted,  That  it  Shall  be  lawful  for  the  courts 
of  the  United  States,  or  any  of  them,  to  authorize  any  person  or  persons  to 
act  as  a  commissioner  or  commissioners  under  the  provisions  of  this  act ;  and 
the  doings  of  such  person  or  persons  so  authorized,  in  pursuance  of  any  of 
the  provisions  aforesaid,  shall  be  good  and  available  to  all  intents  and  pur- 
poses whatsoever.  Approved,  August  12,  1848. 


305 

18.  AN  ACT  providing  for  the  taking  of  the  seventh  and  subsequent  cen- 
suses of  the  United  States,  and  to  fix  the  number  of  members  of  the 
House  of  Representatives,  and  to  provide  for  their  future  apportionment 
among  the  several  States. 

SEC.  23.  And  be  it  further  enacted,  That  if  no  other  law  be  passed  provi- 
ding for  the  taking  of  the  eighth,  or  any  subsequent  census  of  the  United 
States,  on  or  before  the  first  day  of  January,  of  any  year,  when,  by  the 
Constitution  of  the  United  States,  any  future  enumeration  of  the  inhabi- 
tants thereof  is  required  to  be  taken,  such  census  shall,  in  all  things,  be 
taken  and  completed  according  to  the  provisions  of  this  act. 

SEC.  24.  And  be  it  further  enacted,  That  from  and  after  the  3d  day  of 
March,  1853,  the  House  of  Representatives  shall  be  composed  of  two  hundred 
and  thirty-three  members,  to  be  apportioned  among  the  several  States  in 
the  manner  directed  in  the  next  section  of  this  act. 

SEC.  25.  And  be  it  further  enacted,  That  so  soon  as  the  next  and  each 
subsequent  enumeration  of  the  inhabitants  of  the  several  States  directed 
by  the  Constitution  of  the  United  States  to  be  taken,  shall  be  completed 
and  returned  to  the  office  of  the  Department  of  the  Interior,  it  shall  be  the 
duty  of  the  Secretary  of  the  Interior  to  ascertain  the  aggregate  representa- 
tive population  of  the  United  States,  by  adding  to  the  whole  number  of 
free  persons  in  all  the  States,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other  per- 
sons; which  aggregate  population  he  shall  divide  by  the  number  two 
hundred  and  thirty-three,  and  the  product  of  such  division,  rejecting  any 
fraction  of  an  unit,  if  any  such  happen  to  remain,  shall  be  the  ratio,  or  rule 
of  apportionment  of  Representatives  among  the  several  States  under  such 
enumeration:  and  the  said  Secretary  of  the  Department  of  the  Interior 
shall  then  proceed,  in  the  same  manner,  to  ascertain  the  representative 
population  of  each  State,  and  to  divide  the  whole  number  of  the  representa- 
tive population  of  each  State,  by  the  ratio  already  determined  by  him,  as 
above  directed;  and  the  product  of  this  last  division  shall  be  the  number 
of  Representatives  apportioned  to  such  State  under  the  then  last  enumera- 
tion :  Provided,  That  the  loss  in  the  number  of  members  caused  by  the 
fractions  remaining  in  the  several  States,  on  the  division  of  the  population 
thereof,  shall  be  compensated  for  by  assigning  to  so  many  States  having 
the  largest  fractions,  one  additional  member  for  each  for  its  fraction,  as 
may  be  necessary  to  make  the*whole  number  of  Representatives  two  hundred 
and  thirty-three.  And  provided,  also,  That  if,  after  the  apportionment  of 
the  Representatives  under  the  next,  or  any  subsequent  census,  a  new  State 
or  States  shall  be  admitted  into  the  Union,  the  Representative  or  Repre- 
sentatives assigned  to  such  new  State  or  States,  shall  be  in  addition  to  the 
number  of  Representatives  herein  above  limited;  which  excess  of  Repre- 
sentatives over  two  hundred  and  thirty-three  shall  only  continue  until  tk« 


306 

next  succeeding  apportionment  of  Representatives  under  the  next  succeed- 
ing census. 

SEC.  26.  And  be  it  further  enacted,  That  when  the  Department  of  tho 
Interior  shall  have  apportioned  the  Representatives  in  the  manner  above 
directed  among  the  several  States  under  tho  next,  or  any  subsequent 
enumeration  of  the  inhabitants  of  the  United  States,  he  shall,  as  soon  as 
practicable,  make  out  and  transmit,  under  the  seal  of  his  office,  to  the  House 
of  Representatives,  a  certificate  of  the  number  of  members  apportioned  to 
each  State  under  the  then  last  enumeration ;  and  shall  likewise  make  out 
and  transmit  without  delay  to  the  Executive  of  each  State,  a  certificate 
under  his  seal  of  office,  of  the  number  of  members  apportioned  to  such  State, 
under  such  last  enumeration.  Approved,  23  May,  1850. 

[The  preceding  sections  fall  under  the  class  of  general  Laws  intended 
to  be  inserted  in  this  compilation;  the  residue  of  this  act,  relating  solely  to 
the  manner  of  taking  and  returning  the  census,  will  be  found  in  the  statutes 
of  the  United  States.] 

19.  AN  ACT  to  authorize  Notaries  Public  to  take  and  certify  oaths,  affirma- 
tions, and  acknowledgments  in  certain  cases. 

Be  it  enacted  l>y  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  all  cases  in  which,  under 
the  laws  of  the  United  States,  oaths  or  affirmations,  or  acknowledgments, 
may  now  be  taken  or  made  before  any  justice  or  justices  of  the  peace  of 
any  State  or  Territory,  such  oaths,  affirmations,  or  acknowledgments  may 
be  hereafter  also  taken  or  made  by  or  before  any  Notary  public  duly  ap- 
pointed in  any  State  or  Territory,  and,  when  certified  under  the  hand  and 
official  seal  of  such  Notary,  shall  have  the  same  force  and  effect  as  if  taken 
or  made  by  or  before  such  justice  or  justices  of  the  peace.  And  all  laws 
and  parts  of  laws  for  punishing  perjury,  or  subornation  of  perjury,  com- 
mitted in  any  such  oaths  or  affirmations  when  taken  or  made  before  any 
such  justice  of  the  peace,  shall  apply  to  any  such  offence  committed  in  any 
oaths  or  affirmations  which  may  be  taken  under  this  act  before  a  Notary 
public,  or  commissioner,  as  hereinafter  named :  Provided  always,  That  on 
trial  for  either  of  these  offences,  the  seal  and  signature  of  the  Notary 
shall  not  be  deemed  sufficient  in  themselves  to  establish  the  official  character 
of  such  Notary,  but  the  same  shall  be  shown  by  other  and  proper  evidence. 

SEC.  2.  And  be  it  further  enacted,  That  All  the  powers  and  authority 
conferred  in  and  by  the  preceding  section  of  this  act  upon  Notaries  public, 
be,  and  the  same  are  hereby  vested  in,  and  may  be  exercised  by,  any  com- 
missioner appointed,  or  hereafter  to  be  appointed,  by  any  Circuit  Court  of 
the  United  States,  under  any  act  of  Congress  authorizing  the  appointment 
of  commissioners  to  take  bail,  affidavits,  or  depositions,  in  causes  pending 
in  the  courts  of  the  United  States.  Approved,  16  September,  1850. 


307 

20.  A  RESOLUTION  relating  to  the  publication  of  the  Laws  of  the 
United  States. 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  State  be 
authorized  and  directed  to  contract  with  Little  and  Brown  to  furnish  their 
annual  statutes  at  large,  printed  in  conformity  with  the  plan  adopted  by 
Congress  in  eighteen  hundred  and  forty-five,  instead  of  the  edition  usually 
issued  by  his  order,  under  the  act  of  Congress  of  April  20,  1818,  and  which 
conforms  to  an  edition  of  the  Laws  now  out  of  use. 

Approved,  26  September,  1850. 


309 


CHAPTER  7. 

EXPLANATORY  NOTES  OF  THE  FOLLOWING  TABLES. 

1.  The   tables   of  Electoral  votes  for  President  and 
Viie  President  of  the  United  States,  commencing  with 
page  315,  present  an  historical  synopsis  of  the  lead- 
ing political  sentiments  of  the  American  people,  from  the 
adoption  of  the  Constitution  to  the  present  time,  as  in- 
dicated by  the  votes  given  for  the  distinguished  indi- 
viduals whose  opinions  were  supposed  to  imbody,  from 
time  to  time,  those  sentiments,  and  a  biographical  notice 
of  the  individuals  themselves ;  the  statement  of  whose 
names  alone  will  recall  to  memory  their  meritorious  public 
services  and  exalted  characters. 

2.  The  table  commencing  with  page  336,  of  the  terms 
of  office  and  length  of  service,  in  the  Senate,  of  the  Vice 
Presidents  and  Presidents  pro  tempore,  may  be  supposed, 
generally,  to  show,  from  time  to  time,  the  leading  poli- 
tical sentiments  of  the  majority  of  that  honorable  body, 
as  indicated  by  the  choice  of  Senators  to  occupy  the 
station  of  President  pro  tempore,  whose  political  senti- 
ments were,  at  the  time,  well  known.      This  table  also 
shows  the  commencement  and  termination  of,  as  well  as  the 

number  of  days  in,  each  Session  of  Congress  and  special 

30 


310 

session  of  the  Senate,  from  the  4th  March,  1789,  to  the 
termination  of  the  second  session  of  the  thirty-first 
Congress,  being  the  3d  March,  1851. 

3.  The  table  commencing  with  page  346  shows  the 
names,  and  the  commencement  and  termination  of  the 
service,  of  every  Senator  of  the  United  States,  from  the 
4th  March,  1789,  to  the  3d  March,  1851,  being  the 
termination  of  the  second  session,  thirty-first  Congress. 
A  geographical,  rather  than  an  alphabetical,  arrange- 
ment was  preferred,  for  the  reason  that  a  regular  succes- 
sion may  be  traced  in  the  service  of  the  several  classes 
of  Senators  of  each  State,  from  the  commencement  of  the 
Government,  or  the  admission  of  such  State  into  the  Union, 
to  the  present  time. 

This  table  practically  illustrates  that  provision  of  the 
Constitution  which  directs  the  arrangement  of  the  Senators 
into  three  classes,  whose  terms  of  service  expire  alter- 
nately every  two  years,  exhibiting  the  progressive  appli- 
cation of  the  principle  to  the  Senators  from  new  States 
as  they  become  qualified,  by  which  the  three  classes  are 
preserved  equal  in  number,  or  as  nearly  so  as  practicable 
— one-third  being  elected  biennially,  and  two-thirds  being, 
at  all  times,  prepared  to  attend  the  call  of  their  country 
for  the  transaction  of  Legislative,  Executive,  or  Judicial 
business  ;  or,  indeed,  by  a  provident  arrangement  of  the 
State  Legislatures  (as  is  the  prevailing  practice)  in  re-- 
electing the  Senators  whose  terms  of  service  are  about 


311 

to  expire,  or  electing  others  in  anticipation  of  vacancies, 
the  Senate  may  preserve  a  continued  existence  in  full 
force. 

4.  The  fourth  table,  page  385,  contains  the  names  and 
the  commencement   and   termination  of  service  of  the 
secretaries   of  the   Senate  of  the  United   States,   there 
having  been  only  four  individuals  in  the  occupancy  of 
that  responsible  office  from  the  commencement  of  the 
Government  under  the  Constitution  to  the  present  time, 
a  circumstance  which  has  preserved  to  this  Honorable 
Body  the  advantages  of  accumulated  experience  in  the 
Officers  in  their  service. 

5.  The  table  commencing  with  page  386,  exhibits  the 
names  and  terms  of  service  of  the  Representatives  in 
Congress  who  have  been  elected  to,  and  have  occupied, 
the  distinguished  station  of  Speaker  of  the  House  of  Re- 
presentatives of  the  United  States,  from  the  4th  March, 
1789,  to  the  3d  March,  1851,  and  the  names  of  the  States 
of  which  they  were  Representatives. 

6.  The  sixth  table,  page  388,  contains  the  names,  and 
the  commencement  and  termination  of  service  of  the  Clerks 
of  the  House  of  Representatives  of  the  United  States,  from 
which  it  appears  that  thirteen  changes  have  taken  place 
in   the    occupancy  of  this  office    since  the  4th  March, 
1789  ;  making  an  average  of  less  than  five  years'  service 
to  each  individual,  a  circumstance  which  has  sometimes 
deprived  that  Honorable  House  of  much  of  the  advan- 


312 

tage  of  accumulated  experience,  which  the  business  of 
legislation  and  the  public  interest  so  constantly  require 
in  the  service  of  Legislative  Bodies. 

The  second  and  fourth  tables  embrace  the  names  of  all 
those  individuals  who  have  occupied  the  stations  of  Vice 
President,  President  pro  tempore,  and  Speaker  of  the 
House  of  Representatives ;  the  occupants  of  which  offices 
have  been  constituted  a  reserve  corps  by  the  provisions 
of  the  Constitution,  and  of  the  act  of  Congress  of  the  1st 
March,  1792,  in  the  order  in  which  they  are  here  men- 
tioned, to  fill  the  office  of  President  of  the  United  States, 
in  the  event  of  its  becoming  vacant  by  any  of  the  casu- 
alties enumerated  in  the  Constitution.  Hence  has  arisen 
the  practice  of  the  Vice  President's  retiring  from  the 
Chair  of  the  Senate  a  short  time  previous  to  the  adjourn- 
ment of  each  session,  with  the  view  of  affording  the 
Senate  an  opportunity  of  choosing  a  President  pro 
tempore,  who,  according  to  the  prevailing  practice,  would 
hold  that  office  until  the  reappearance  of  the  Vice  Presi- 
dent in  the  Senate ;  and,  should  any  casualty  deprive 
the  country  of  the  services  of  the  President  and  Vice  Pre- 
sident acting  as  President,  during  the  recess  of  Congress, 
the  President  pro  tempore  so  chosen,  according  to  the  pre- 
vailing understanding,  would  be  prepared  to  occupy  that 
office  until  a  President  could  be  elected ;  which  office 
would  otherwise,  however,  devolve  on  the  Speaker  of  the 
House  of  Representatives,  should  the  vacancy  happen 


313 

during  the  existence  of  a  Congress  ;  but  should  there  be 
no  President  pro  tempore,  and  the  vacancy  occur  during 
a  recess,  after  the  expiration  of  one  Congress  and  pre- 
vious to  the  assembling  of  another,  while  there  was  no 
Speaker,  there  would  then  be  no  officer  to  fill  that  high 
and  responsible  station. 

These  tables  may  afford  a  useful  suggestion  of  the  im- 
portance of  preserving  the  biography  of  distinguished 
citizens  who  may  have  been,  or  may  be  called  to  im- 
portant public  stations,  with  a  view  of  extending  the 
practical  political  history  of  the  country,  which,  perhaps, 
could  not  be  more  effectually  developed  than  by  a 
faithful  delineation  of  the  characters,  principles,  and 
acts  of  the  American  statesmen,  whose  wisdom  and 
patriotism  have  elevated  the  character  of  the  Republic, 
and  will  continue  to  guide  its  destinies,  as  it  is  fervently 
hoped,  through  the  long  vista  of  ages  to  the  consummation 
of  time. 


30* 


315 


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Whole  No.  of  electors  . 
Majority  

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316 


Ekctionfor  the  Second  term,  commencing  4f/t  March,  1793,  and  terminating 
3d  March,  1797. 


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STATES. 

G.  Washington, 
of  Virginia. 

John  Adams,  of 
Massachusetts. 

George  Clinton, 
of  New  York. 

Thos.  Jefferson, 
of  Virginia. 

o 

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6 
16 

4 
9 
3 
12 

7 
15 
3 
8 
21 
4 
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8 
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6 
16 
4 
9 
3 
12 
7 
15 
3 
8 
21 
4 
12 
8 
4 

6 
16 
4 
9 
3 

*7 

14 
3 

8 

7 

12 
1 

21 
12 
4 

4 

'i 

132 

132 

77 

50 

4 

1 

George  Washington,  elected  President,  took  the  oath  of  office  for  a 
second  term  on  4th  March,  1793. 

John  Adams,  elected  Vice  President,  took  the  oath  of  office  and 
attended  in  Senate  on  2d  December,  1793. 


317 


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318 


Election  for  the  Fourth  term,  commencing  bth  March,  1801,  and  terminating 
3d  March,  1805. 


S*. 

OT3  £ 

J3  2  - 

"o>  CGQ 

«~'5  J5 
O    D.  0 
O.CS 

6  °  ° 
£ 

STATES. 

Thos.  Jefferson, 
of  Virginia. 

~o 

S-tS 

=*  >? 
MtSH 

c  £ 

o  s> 

S£ 

<J 

John  Adams,  of 
Massachusetts. 

C.  C.  Pinckney, 
of  S.  Carolina. 

o    . 
Jt 

M 

1* 
|l 

t-5 

6 
16 
4 
9 
4 
12 
7 
15 
3 
10 
21 
4 
12 
3 
8 
4 

6 
16 
4 
9 
4 

7 
7. 
3 
5 

4 

6 
16 
3 
9 

4 

7 
7 
3 
5 

4 

'i 

12 

12 

8 

8 

5 

21 
4 
8 
3 
8 
4 

5 
21 
4 
8 
3 
8 
4 

138 

\Vhole  No  of  Electors  

73 

73 

65 

64 

i 

The  electoral  vole  for  Thomas  Jefferson  and  Aaron  Burr  being  equal,  no  choice 
was  made  by  the  people,  and  the  House  of  Representatives  proceeded  on  Wed- 
nesday, February  11,  1801,  in  the  manner  prescribed  by  the  Constitution  to  the 
choice  of  a  President  of  the  United  States.  On  the  first  ballot  eight  Stales  voted  for 
Thomas  Jefferson,  of  Virginia,  six  States  voted  for  Aaron  Burr,  of  New  York, 
and  the  votes  of  two  States  were  divided.  The  balloting  continued  until  Tuesday, 
17th  February,  1801,  when  the  thirty-fifth  ballot,  as  had  all  the  previous  ballots, 
resulted  the  same  as  the  first.  The  House  then  proceeded  to  the  thirty-sixth 
ballot,  and  it  having  been  concluded,  the  Speaker  cleclared  that  the  votes  of  ten 
States  had  been  given  for  Thomas  Jefferson,  of  Virginia,  the  votes  of  four  States 
for  Aaron  Burr,  of  New  York,  and  the  votes  of  two  States  in  blank  ;  and  that, 
consequently,  Thomas  Jefferson,  of  Virginia,  had  been,  agreeably  to  the  Constitu- 
tion, elected  President  of  the  United  States,  for  the  term  of  four  years,  commenc- 
ing on  the  4th  day  of  March,  1801. 

Thomas  Jefferson,  thus  elected,  took  the  oath  of  office,  and  entered  upon  his 
duties  on  4th  of  March,  1801. 

Aaron  Burr,  as  Vice  President,  took  the  oath  of  office,  and  entered  upon  his 
duties  on  4th  of  March,  1801. 


319 


Election  for  the  Fifth  term,  commencing  4/7i  March,  1805,  and  terminating 
3d  March,  1809. 


No.  of  electors  appointed 
by  each  State. 

• 

,      -  -f  -.  , 
STATES. 

PRESIDENT. 

V.  PRESIDENT. 

Thos.  Jefferson,  of 
Virginia. 

Charles  Cotesworth 
Pinckney,  of  South 
Carolina. 

•8 

fU 

e  o 

s^ 

y 

• 

o 

RufusKing,ofNew 
York. 

7 
19 
4 
9 
6 
19 
8 
20 
3 
11 
24 
14 
10 
6 
5 
8 
3 

7 
19 
4 

*9 

*3 

2 

7 
19 
4 

6 
19 
8 
20 

*9 
24 
14 
10 
6 
5 
8 
3 

*9 

*3 

2 

14 

6 
19 
8 
20 

9 
24 
14 
10 
6 
5 
8 
3 

Ohio  

176 

162 

14 

162 

Majority  89 

Thomas  Jefferson,  elected  President,  took  the  oath  of  office  for  a 
second  term  on  4th  March,  1805. 

George  Clinton,  elected  Vice  President,  took  the  oath  of  office  in 
Senate  Chamber  on  4th  March,  1805. 


320 


Election  for  the  Sixth  term,  commencing  4th  March,  1809,  and  terminating 
3d  March,  1813. 


s 

PRESIDENT. 

VICE  PRESIDENT. 

g.es 

a 

ts   . 

>; 

S?    . 

a 

it, 
o 

'o  o 

o 

1| 

STATES. 

II 

2-* 
.5  a 

D   c3 
C.S 

o"o 

0  ^£ 
|S 

o   . 

.2  «8 

"S'3 

«T 

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g^ 

-a  o. 

Ac 

C    0 

c  <u 

"3  >> 

<a  o 

£cS 

«J 

S  £P 

m> 

o.S 

S  E? 

02^ 

^S 
JK 

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OH3 

QJ  t+t 

^r^ 

^  02 

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<UU-i 

U> 

c  > 

3  ^ 

n  w 

£  ° 

Ot*H 

•M 

2'"*^ 

H  o 

s 

J=  ^ 

^S^ 

fe 

7 

o  u 

0° 

ou 

•-> 

>-» 

^^i 

A 

7 
19 

New  Hampshire  . 
Massachusetts  •  •  • 

•  • 

•• 

7 
19 

•• 

. 

• 

7 
19 

4 

Rhode  Island  •  •  •  • 

.. 

.  . 

4 

.  . 

. 

4 

9 

Connecticut  

.. 

,1 

9 

.. 

. 

9 

g 

6 

6 

19 

New  York  

13 

6 

13 

3 

3 

8 
20 

8 
20 

•• 

8 
20 

• 

•• 

Pennsylvania  .... 

3 

3 

3 

11 

9 

2 

9 

2 

24 

24 

24 

14 

North  Carolina  .  . 

11 

a  ^ 

3 

11 

.  , 

( 

3 

10 

South  Carolina  .  • 

10 

.  . 

.  . 

10 

.. 

. 

. 

.  . 

6 

6 

6 

7 

7 

7 

5 

5 

5 

3 

3 

3 

175 

Whole  No.  of  elec- 

122 

5 

47 

113 

3 

3 

9 

47 

Majority  88 

James  Madison,  elected  President,  took  the  oath  of  office,  and  entered 
upon  its  duties  on  4th  March,  1809. 

George  Clinton,  elected  Vice  President,  took  the  oath  of  office  in 
Sena'e  Chamber  on  4th  March,  1809. 


321 


Election  for  the  Seventh  term,  commencing  4th  March,  1813,  and  terminating 
3d  March,  1817. 


No.  of  electors  appointed 
by  each  State. 

STATES. 

PRESIDENT. 

V.  PRESIDENT. 

0     . 

1:1 
s;| 

K|> 
1<« 

£  o 

0) 

>-> 

oj* 
BO 

0^ 
*>  £ 

.t:  <u 

^2 
a-° 

Elbridge  Gerry, 
of  Massachusetts. 

Jared  Injrersoll, 
of  Pennsylvania. 

8 
22 
4 
9 
8 
29 
8 
25 
4 
11 
25 
15 
11 
8 
12 
8 
7 
3 

8 
22 
4 
9 

29 
8 

*4 
5 

1 
2 

*8 

25 

*6 
25 
15 
11 
8 
12 
8 
7 
3 

7 
20 
4 
9 

29 

8 

*4 
5 

8 

25 

6 
25 
15 
11 
8 
12 
8 
7 
3 

Ohio  

217 

128 

69 

131 

86 

James  Madison,  elected  President  for  a  second  term.  (There  is  nt» 
notice  on  the  Journals  of  Congress  of  his  having  taken  the  oath.) 

Elbridge  Gerry,  elected  Vice  President,  attended  in  the  Senate  24th 
May,  1813,  and  exhibited  a  certificate  of  his  having  taken  the  oath  of 
office  prescribed  by  law,  which  was  read. 

31 


322 


Election  for  the  Eighth  term,  commencing  Mi  March,  1817,  and  terminating 
3d  March,  1821. 


No.  of  electors  appoint-  j 
ed  by  each  State. 

STATES. 

PRESIDENT 

VICE  PRESIDENT. 

James  Monroe,  of 
Virginia. 

•s 

*a 

C   0 

M* 
* 

00    © 

1* 
M 

P~« 

S3 

£* 

** 

13  o 
'a  °^ 
§  S 
013 

John  E.  Howard, 
of  Maryland. 

James  Ross,  of 
Pennsylvania. 

John  Marshall,  of 
Virginia. 

Robert  G.  Har- 
per, of  Maryland. 

8 
22 
4 
9 
8 
29 
8 
25 
3 
8 
25 
15 
11 
8 
12 
8 
8 
3 
3 

8 

22 
*9 

8 
4 

's 

29 

8 
25 

*8 
25 
15 
11 
8 
12 
8 
8 
3 
3 

22 

5 

4 

3 

4 

8 
29 
8 
25 

3 

8 
25 
15 
11 
8 
12 
8 
8 
3 
3 

Ohio  

217 

Whole  No.  of  Electors. 
Majority  109 

183 

34 

183 

22 

5 

4 

3 

James  Monroe,  elected  President,  took  the  oath  of  office,  and  entered 
•upon  its  duties  on  4th  March,  1817. 

Daniel  D.  Tompkins,  elected  Vice  President,  took  the  oath  of  office, 
and  attended  in  Senate  on  4th  March,  1817. 


323 

Ekction  for  the  Ninth  term,  commencing  4//i  March,  1821,  and  terminating 
3d  March,  1825. 


o    • 

31 

STATES. 

PRESIDENT. 

VICE  PRESIDENT. 

O  s 
~  <u 

tn  & 
o> 

*•*    0} 

o  2 
>  S 

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o  ,_ 
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8 
15 
4 
9 
8 
29 
8 
25 
4 
11 
25 
15 
11 
8 
12 
8 
8 
3 
3 
3 
3 
3 
9 
3 

James  Monroe,  of 
Virginia. 

JohnQ.  Adams,  of 
Massachusetts. 

OjJ 
SN 
O 

£*. 
«5 

~s  ° 
•a  § 

C3    g 

Q.3 

Richard  Stockton, 
of  New  Jersey. 

Robert  G.  Har- 
per, of  Maryland. 

Richard  Rush,  of 
Pennsylvania. 

£ 

£a 

"S§ 

*J 
"3 

~c 

I* 
ft 

7 
15 
4 
9 
8 
29 
8 
24 
4 
11 
25 
15 
11 
8 
12 
7 
8 
3 
3 
2 
3 
3 
9 
3 

1 

7 
7 
4 
9 
8 
29 
8 
24 

10 
25 
15 
11 
8 
12 
7 
8 
3 
3 
2 
3 
3 
9 
3 

8 

1 

1 

4 

Ohio  

Maine  

235 

Whole  No.  of  Electors. 

231 

1 

218 

8 

1 

1 

4 

James  Monroe,  elected  President  for  a  second  term.  (There  is  no 
notice  on  the  Journals  of  Congress  of  his  having  taken  the  oath.) 

Daniel  D.  Tompkins,  elected  Vice  President  for  a  second  term. 
(There  is  no  notice  on  the  Journals  of  Congress  of  his  having  taken  the 
eath.) 


324 


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326 


Election  for  the  Eleventh  term,  commencing  £th  March,  1829,  and  termi 
nating  3d  March,  1833. 


1 

£ 

9 
8 
15 
4 
8 
7 
36 
8 
28 
3 
11 
24 
15 
11 
9 
14 
11 
16 
5 
3 
5 
3 
5 
3 

STATES. 

PRESIDENT. 

VICE  PRESIDENT. 

Andrew  Jackson, 
of  Tennessee. 

John  Q.  Adams,  of 
Massachusetts. 

John  C.  Calhoun, 
of  S.  Carolina. 

Richard  Rush,  of 
Pennsylvania. 

jl 

1 

8 
8 
15 
4 
8 
7 
16 
8 

*3 
6 

1 

20 

28 

"5 

24 
15 
11 
2 
14 
11 
16 
5 
3 
5 
3 
5 
3 

8 
8 
15 
4 
8 
7 
16 
8 

3 
6 

7 

20 

28 

5 
24 
15 
11 
9 
14 
11 
16 
5 
3 
5 
3 
5 
3 

Ohio  

261 

\Vhole  No  of  Electors.  ««  

178 

83 

171 

83 

7 

Andrew  Jackson,  elected  President,  took  the  oath  of  office,  and  en- 
tered upon  its  duties  the  4th  of  March,  1829. 

John  C.  Calhoun,  elected  Vice  President,  took  the  oath  of  office,  and 
attended  in  Senate  the  4th  of  March,  1829. 


327 


Election  for  the  Twelfth  term,  commencing  4th  March,  1833,  and  termh 
noting  3d  March,  1837. 


No.  of  electors  appoint-  1 
ed  by  each  State. 

STATES. 

PRESIDENT. 

VICE  PRESIDENT. 

Andrew  Jackson, 
of  Tennessee. 

0 

$£ 

5| 
b§ 

cW 

<U 

M 

0 

^•i 

o  c 
hj« 

_c> 

o 

>-» 

<*H 
0 

|1 
^t- 

CB 

5^ 

£ 

c"  . 

£.* 

5S 
«>< 

Si    D 

^£ 
s® 

John  Sergeant, 
of  Pennsylvania. 

William  Wilkins, 
of  Pennsylvania. 

Henry  Lee,  of 

Massachusetts. 

.  .  .  Amos  Ellmaker, 
*  *  *  of  Pennsylvania. 

10 
7 
14 
4 
8 
7 
42 
8 
30 
3 
10 
23 
15 
11 
11 
15 
15 
21 
5 
4 
9 
5 
7 
4 

10 

7 

14 
4 

•  • 

M 

10 

7 

14 

•• 

•• 

N.Hampshire.  . 
Massachusetts  • 

8 

•  • 

'7 

42 

8 

*3 
23 
15 

11 

15 
21 
5 
4 
9 
5 
7 
4 

8 

*3 
5 

15 

30 

ii 

*7 

New  York  .... 

New  Jersey  .  •  . 
Pennsylvania  .  . 

42 
8 
30 

*3 
5 

15 

ii 

3 

23 
15 

ii 

North  Carolina 
South  Carolina. 

15 
21 
5 
4 
9 
5 
7 
4 

Ohio  

•• 

•• 

•• 

•• 

288 

No.  of  electors. 
Majority  .  .  145 

219 

49 

11 

7 

189 

49 

30 

11 

7 

Andrew  Jackson,  elected  President,  took  the  oath  of  office,  and  con- 
tinued the  duties  4th  March,  1833. 

Martin  Van  Buren,  elected  Vice  President,  took  the  oath  of  office 
and  entered  upon  its  duties  4th  March,  1833. 


328 


Election  for  the  Thirteenth  term,  commencing  4th  March,  1837,  and  termi- 
nating 3d  March,  1841. 


No.  of  electors  appoint- 
ed by  each  State. 

STATES. 

PRESIDENT. 

VICE  PRESIDENT. 

il 

«>H 

§  * 

es  QJ 

>£ 
^ 

s     . 

S3  .2 

M5 

«'o 

e§ 
&* 

V 

$z 

.  *> 

JH 

-  '— 

"1° 

H 

Daniel  Webster, 
of  Mass. 

s"« 

N 
j§ 

So 

^'a 

^"o 

R.  M.  Johnson, 
of  Kentucky. 

Francis  Granger, 
of  New  York. 

t—  i 
o 

sTs 
•>.s 

E-i  be 

^^ 
o 

H» 

William  Smith, 
of  Alabama. 

10 
7 
14 
4 
8 
7 
42 
8 
30 
3 
10 
23 
15 
11 
11 
15 
15 
21 
5 
4 
9 
5 
7 
4 
3 
3 

10 

7 

4 
8 

7 
*8 

3 
10 

•• 

14 

•• 

10 

7 

4 
8 

42 
30 

14 

*7 
*8 
*3 

10 

23 

N.Hampshire.  . 
Massachusetts  . 
Rhode  Island  .  . 
Connecticut.  .  .  . 

New  York  .... 

42 

Pennsylvania  .  . 

30 

Maryland  

23 
15 

North  Carolina 
South  Carolina. 

•• 

ii 

15 

•' 

ii 

15 

5 
4 

5 
7 
4 
3 
3 

15 

21 

*9 

11 
11 

15 

15 

21 

9 

Tennessee  

•• 

5 

4 

5 
7 
4 
3 
3 

294 

No.  of  electors. 
Majority  .  .  148 

170 

73 

26 

14 

11 

147* 

77 

47 

23 

Martin  Van  Buren,  elected  President,  took  the  oath  of  office,  and 
entered  upon  its  duties  4th  March,  1837. 

Richard  M.  Johnson,  elected  Vice  President,  took  the  oath 
nrd  attended  in  Senate  4th  March,  1837.    *  Elected  by  the  Senate. 


329 


Election  for  the  Fourteenth  term,  commencing  4th  March,  1841,  and  termi- 
nating 3d  March,  1845. 


No.  of  electoral  votes. 

STATES. 

PRESIDENT. 

VICE  PRESIDENT. 

£.§ 

»8 

W"o 

s§ 

£" 

Ii 

M>H 

«J    a, 

>K 
^ 

'o 
fe'.S 

>>.3 

H  M 

c> 
41 

o 
>-» 

R.  M.  Johnson, 
of  Kentucky. 

"oS  . 
£.S 

<i>  g 
M.9 

etf  M 

H.b 

^ 

h4 

James  K.  Polk, 
of  Tennessee. 

10 
7 
14 
4 
8 
7 
42 
8 
30 
3 
10 
23 
15 
11 
11 
15 
15 
21 
5 
4 
9 
5 
7 
4 
3 
3 

10 

*7 

23 
11 

5 
7 
4 
3 

10 

14 
4 
8 
7 
42 
8 
30 
3 
10 

15 

ii 

15 
15 
21 
5 
4 
9 

*3 

'7 
2 

5 
7 
4 
3 

14 
4 
8 
7 
42 
8 
30 
3 
10 

15 

11 
15 
15 
21 
5 
4 
9 

Ohio  

3 

294 

234 

60 

234 

48 

11 

1 

Majority  •  148 

William  H.  Harrison,  elected  President,  took  the  oath  of  office,  and 
entered  upon  its  duties  on  4th  March,  1841. 

John  Tyler,  elected  Vice  President,  took  the  oath  of  office,  and  enter- 
ed upon  its  duties  on  4th  March,  1841. 


330 


TUESDAY,  April  6,  1841. 

Immediate./  after  the  decease  of  the  President,  Mr.  Webster,  jr., 
Chief  Clerk  in  tne  Department  of  State,  accompanied  by  Mr.  Beall,  an 
officer  of  the  Senate,  set  out  for  the  residence  of  the  Vice  President,  in 
Virginia,  bearing  to  him  the  following  letter : 

WASHINGTON,  April  4,  1841. 
To  JOHN  TYLER, 

Vice  President  of  the  United  States. 

SIR  :  It  has  become  our  most  painful  duty  to  inform  you  that  William 
Henry  Harrison,  late  President  of  the  United  States,  has  departed  thia 
life. 

This  distressing  event  took  place  this  day,  at  the  President's  Mansion 
in  this  city,  at  thirty  minutes  before  one  in  the  morning. 

We  lose  no  time  in  despatching  the  Chief  Clerk  in  the  State  Depart- 
ment, as  a  special  messenger,  to  bear  you  these  melancholy  tidings. 

We  have  the  honor  to  be,  with  the  highest  regard,  your  obedient 
servants, 

DANIEL  WEBSTER, 
Secretary  of  State. 
THOMAS  EWING, 

Secretary  of  the  Treasury. 
JOHN  BELL, 

Secretary  of  War. 

JOHN  J.  CRITTENDEN, 
Attorney  General. 

FRANCIS  GRANGER, 
Postmaster  General. 


331 


CITY  OF  WASHINGTON,  D.  C. 

Wednesday  April  7,  1841. 

By  the  extraordinary  despatch  used  in  sending  the  official  intelligence 
to  the  Vice  President,  at  Williamsburg,  and  similar  despatch  by  him  in 
repairing  to  the  seat  of  Government,  John  Tyler,  now  President  of  the 
United  States,  arrived  in  this  city  yesterday  morning,'  at  5  o'clock,  and 
took  lodgings  at  Brown's  Hotel. 

At  12  o'clock,  all  the  Heads  of  Departments,  except  the  Secretary  of 
the  Navy,  (who  has  not  yet  returned  to  the  city  from  his  visit  to  hia 
family,)  waited  upon  him,  to  pay  him  their  official  and  personal  respects 
They  were  received  with  all  the  politeness  and  kindness  which  charac 
terize  the  new  President.  He  signified  his  deep  feeling  of  the  public 
calamity  sustained  by  the  death  of  President  Harrison,  and  expressed 
his  profound  sensibility  to  the  heavy  responsibilities  so  suddenly  de- 
volved upon  himself.  He  spoke  of  the  present  state  of  things  with 
great  concern  and  seriousness,  and  made  known  his  wishes  that  the 
several  Heads  of  Departments  would  continue  to  fill  the  places  which 
they  now  respectively  occupy,  and  his  confidence  that  they  would  afford 
all  the  aid  in  their  power  to  enable  him  to  carry  on  the  administration 
of  the  Government  successfully. 

The  President  then  took  and  subscribed  the  following  oath  of  office  : 

I  do  solemnly  swear,  that  I  will  faithfully  execute  the  office  of  Presi- 
dent of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect,  and  defend  the  Constitution  of  the  United  States. 

JOHN  TYLER. 

APRIL  6,  1841. 

DISTRICT  OF  COLUMBIA, 

City  and  County  of  Washington,  ss. 

I,  William  Cranch,  Chief  Judge  of  the  Circuit  Court  of  the  District 
of  Columbia,  certify,  that  the  above-named  John  Tyler  personally  ap- 
peared before  me  this  day,  and,  although  he  deems  himself  qualified  to 
perform  the  duties,  and  exercise  the  powers  and  office  of  President  on 
the  death  of  William  Henry  Harrison,  late  President  of  the  United 
States,  without  any  other  oath  than  that  which  he  has  taken  as  Vice 
President,  yet,  as  doubts  may  arise,  and  for  greater  caution,  took  and 
subscribed  the  foregoing  oath  before  me. 

W.  CRANCH 

APRIL  6,  1841. 


332 


Election  for  the  Fifteenth  term,  commencing  4th  March,  1845,  and  termi- 
nating 3d  March,  1849. 


No.  of  electors  appointed. 

STATES. 

PRESIDENT. 

V.  PRESIDENT. 

James  K.  Polk, 
of  Tennessee. 

e 

$$ 

S| 

H 

• 

m 

George  M.  Dallas, 
of  Pennsylvania. 

T.  Frelinghuysen, 
of  New  York. 

9 
6 
12 
4 
6 
6 
36 
7 
26 
3 
8 
17 
11 
9 
10 
12 
13 
23 
6 
6 
12 
9 
9 
7 
3 
5 

9 
6 

12 
4 
6 
6 

7 

3 
8 

11 

12 
13 
23 

9 

6 

36 

26 

17 

9 
10 

6 
6 
12 
9 
9 
7 
3 
5 

12 
4 
6 
6 

7 

3 

8 

11 

12 
13 
23 

Rhode  Island  and  P.  Plantations  •  . 

•• 

36 

26 

17 

9 
10 

Ohio  

6 
6 
12 
9 
9 
7 
3 
5 

275 

170 

105 

170 

105 

Majority  138 

James  K.  Polk,  elected  President,  took  the  oath  of  office,  and  entered 
upon  its  duties  on  4th  March,  1845. 

George  Mifflin  Dallas,  elected  Vice  President,  attended  in  Senate,  and 
took  the  oath  of  office  on  4th  March,  1845. 


333 


Election  for  the  Sixteenth  Term,  commencing  4th  March,  1849,  and  termi- 
nating 3d  March,  1853. 


No.  of  electors  ap- 
pointed by  each  State. 

STATES. 

PRESIDENT. 

V.  PRESIDENT. 

Z.  Taylor, 
of  Louisiana. 

Lewis  Cass, 
of  Michigan. 

M.  Fillmore, 
of  New  York. 

«£ 

73  -g 
£   * 
MH 

0£ 
^ 

9 
6 
12 
4 
6 
6 
86 
7 
26 
3 
8 
17 
11 
9 
10 
12 
13 
23 
6 
6 
12 
9 
9 
7 
3 
6 
3 
4 
4 
4 

9 
6 

12 
4 
6 
6 
36 
7 
26 
3 
8 

ii 
io 

12 
13 

"e 

3 

9 
6 

17 
"9 

23 

15 

12 
9 
9 
7 
3 
6 

"i 

4 
4 

12 
4 
6 
6 

Rhode  Island  

Connecticut  

New  York    

36 
7 
26 
3 
8 

17 

*9 

23 

"(5 
12 
9 
9 
7 
3 
5 

*4 

4 
4 

New  Jersey  

Pennsylvania  

Mn/ryland  

North.  Carolina  

11 

10 
12 
13 

Kentucky  •  

Tennessee  

Ohio  

6 

Florida  

3 

Texas  

290 

Whole  number  of  electors  

163 

127 

163 

127 

Zachary  Taylor,  elected  President,  took  the  oath,  of  office,  and 
entered  upon  its  duties,  4th  March,  1849. 

Millard  Fillmore,  elected  Vice  President,  took  the  oath  of  office, 
and  entered  upon  its  duties,  4th  March,  1849. 


334 

Zachary  Taylor,  President  of  the  United  States,  having  deceased  on 
Tuesday  the  9th  July,  1850;  and  Congress  being  then  in  session: — 

IN  SENATE  OF  THE  UNITED  STATES. 
WEDNESDAY,  July  10,  1850. 

The  following  communication,  received  by  the  Secretary  of  the  Senate, 
was  read : 

To  the  Senate  of  the  United  States : — 

In  consequence  of  the  lamented  death  of  Zachary  Taylor,  late  President 
of  the  United  States,  I  shall  no  longer  occupy  the  chair  of  the  Senate ;  and 
I  have  thought  that  a  formal  communication  to  the  Senate,  to  that  effect, 
through  your  Secretary,  might  enable  you  the  more  promptly  to  proceed  to 
the  choice  of  a  presiding  officer.  MILLARD  FILLMORE. 

WASHINGTON,  July  10,  1850. 

The  following  message  was  received  from  the  President  of  the  United 
States,  by  Mr.  Fisher : — 

Fellow-citizens  of  the  Senate  and  House  of  Representatives : — 

I  have  to  perform  the  melancholy  duty  of  announcing  to  you  that  it  has 
pleased  Almighty  God  to  remove  from  this  life  Zachary  Taylor,  late  Presi- 
dent of  the  United  States.  He  deceased  last  evening,  at  the  hour  of  half 
past  ten  o'clock,  in  the  midst  of  his  family  and  surrounded  by  affectionate 
friends,  calmly  and  in  the  full  possession  of  all  his  faculties.  Among  his 
last  words  were  these,  which  he  uttered  with  emphatic  distinctness:  "I 
have  always  done  my  duty — I  am  ready  to  die — my  only  regret  is  for  the 
friends  I  leave  behind  me." 

Having  announced  to  you,  fellow-citizens,  this  most  afflicting  bereave- 
ment, and  assuring  you  that  it  has  penetrated  no  heart  with  deeper  grief 
than  mine,  it  remains  for  me  to  say,  that  I  propose  this  day,  at  12  o'clock, 
in  the  Hall  of  the  House  of  Representatives,  in  the  presence  of  both  Houses 
of  Congress,  to  take  the  oath  prescribed  by  the  Constitution,  to  enable  me 
to  enter  on  the  execution  of  the  office  which  this  event  has  devolved  on  me. 

WASHINGTON,  July  10,  1850.  MILLARD  FILLMORE. 

A  similar  message  having  been  communicated  to  the  House  of  Repre- 
sentatives and  the  necessary  arrangements  made  between  the  two  Houses: — 

At  12  o'clock  meridian— 

The  President  of  the  United  States,  the  Heads  of  Departments,  the 
Chief  Judge  of  the  Circuit  Court  of  the  District  of  Columbia,  and  the  Senate 
of  the  United  States,  having  entered  the  Hall  of  the  House  of  Representatives — 

The  oath  of  office  was  administered  to  the  President  by  the  Honourable 
William  Cranch,  Chief  Judge  of  the  Circuit  Court  of  the  United  States  for 
the  District  of  Columbia. 


336 


Synoptical  table  of  terms  of  office,  and  length  of  service,  in  the  Senate, 

and  of  the  Presidents  pro 


Congress. 

Session. 

Commencement 
of  Session. 

Termination 
of  Session. 

Number  of  days 
in  each  Session. 

Names  of  Vice  Presi- 
dents of  the  United 
States. 

1 

1 

4  Mar.  1789 

29  Sept.  1789 

210 

John  Adams  . 

1 
1 
Special 
2 

2 
3 
Ses.  Sen. 

1 

4  Jan.  1790 
6  Dec.    1790 
4  Mar.  1791 
24  Oct.    1791 

12  Aug.  17*90 
3  Mar.  1791 
4  Mar.  1791 
8  May   1792 

221 
88 
1 
198 

John  Adams  .        . 
John  Adams      .        . 
John  Adams  .        . 
John  Adams      . 
John  Adams  .        . 

2 

2 

6  Nov.  1792 

2  Mar.  1793 

118 

John  Adams 

Ses.  Sen. 

4  Mar.  1793 

4  Mar.  1793 

1 

3 

1, 

2  Dec.    1793 

9  June  1794 

190 

John  Adams  . 

3 

2 

3  Nov.  1794 

3  Mar.  1795 

121 

John  Adams 

Special 
4 

Ses.  Sen. 
1 

8  June  1795 
7  Dec.    1795 

26  June  1795 
1  June  1796 

19 
178 

John  Adams 
John  Adams      . 

4 

2 

6  Dec.   1796 

3  Mar.  1797 

89 

John  Adams      .        . 

Special 
5 

Ses.  Sen. 
1 

4  Mar.  1797 
15  May  1797 

4  Mar.  1797 
10  July  1797 

1 

67 

Thomas  Jefferson     . 
Thomas  Jefferson  . 

6 

2 

13  NOT.  1797 

16  July  1798 

246 

Thomas  Jefferson      . 

Special 

Ses  Sen. 

17  July  1798 

19  July  1798 

R 

6 
6 

3 

1 

3  Dec.    1798 
2*Dec.   17*99 

3  Mar.  1799 
14  May   1800 

91 

165 

Thomas  Jefferson 
Thomas  Jefferson  . 

6 

2 

17  NOT.  1800 

3  Mar.  1801 

107 

Thomas  Jefferson 

337 


of  the  Vice  Presidents  of  the  United  States  and  Presidents  of  the  Senate, 
tempore  of  the  Senate,  viz  : 


TERMS  OP  OFFICE. 

Names  of  Presidents 
pro  tempore  of  the 
Senate. 

SERVICE  IN  SENATE  U.  8. 

Commenced. 

Expired. 

Attended. 

Retired. 

4  Mar.  1789 

3  Mar.  1793 

John  Laogdon  .       . 
John  Langdon  .       . 

6  April  1789 
21  April  1789 
7  Aug.  1789 
20  Aug.  1789 
4  Jan.  1790 
6  Dec.    1790 
4  Mar.  1791 
24  Oct.     1791 
18  April  1792 
6  Nov.  1792 
6  Dec.    1792 
IMar.  1793 

4  Mar.  1793 
2  Dec.    1793 
31  May   1794 
3  Nov.  1794 
10  Nov.  1794 
20  Feb.   1795 
8  June-  1795 
7  Dec.    1795 
9  Dec.    1795 
6  May   1796 
5  Dec.    1796 
16  Feb.  1797 

4  Mar.  1797 
15  May  1797 
6  July  1797 
22  Nov.  1797 
13  Dec.    1797 
27  June  1798 
17  July  1798 
6  Dec.    1798 
27  Dec.    1798 
IMar.  1799 
2  Dec.    1799 
30  Dec.    1799 
14  May  1800 
21  Nov.  1800 
28  Nov.  1800 
28  Feb.    1801 

21  April  1789 
6  Aug.  1789 
19  Aug.  1789 
29  Sept.  1789 
12  Aug.  1790 
3  Mar.  1791 
4  Mar.  1791 
17  April  1792 
8  May  1792 
4  Dec.    1792 
28  Feb.    1793 
3  Mar.  1793 

4  Mar.  1793 
30  May  1794 
9  June  1794 
9  Nov.  1794 
19  Feb.    1795 
3  Mar.  1795 
26  June  1795 
8  Dec.    1795 
5  May  1796 
1  June  1796 
15  Feb.   1797 
3  Mar.  1797 

4  Mar.  1797 
5  July  1797 
10  July  1797 
12  Dec.    1797 
26  June  1798 
16  July  1798 
17  July  1798 
26  Dec.    1798 
28  Feb.   1799 
8  Mar.  1799 
29  Dec.    1799 
13  May   1800 
14  May  1800 
27  Nov.  1800 
28  Feb.    1801 
3  Mar.  1801 

• 

• 

.        .        .        . 

4  Mar.  1793 

£*         '. 
3  Mar.  1797 

Richard  Henry  Lee  . 
John  Langdon 

John  Langdon 

John  Langdon  . 

Ralph  Izard      .        . 
Ralph  Izard  .        . 

Henry  Tazewell     . 

. 

Henry  Tazewell     . 

Samuel  Livermore. 

4  Mar.  1797 

3  Mar.  1801 

f 
f 

William  Bingham  . 

William  Bradford  . 
Jacob  Read        .       . 

Theodore  Sedgwick  . 
Theodore  Sedgwick 
John  Lawrence  .        . 

James  Ross       .       . 
Samuel  Livermore. 

Uriah  Tracy  . 
John  Eager  Howard. 

James  llillhouse 
39* 

338 


SYNOPTICAL 


Congresf. 

Session. 

Commencement 
of  Session. 

Termination 
of  Session. 

Number  of  dayg 
in  each  Session. 

Names  of  Vice  Presi- 
dents of  the  United 
States. 

Special 
7 

Ses.  Sen. 
1 

4  Mar.  1801 
7  Dec.   1801 

5  Mar.  1801 
3  May    1802 

2 

148 

Aaron  Burr  .       . 

Aaron  Burr  ... 

7 

2 

6  Dec.    1802 

3  Mar.   1803 

88 

Aaron  Burr      .       . 

• 

• 

• 

Aaron  Burr      .        . 

8 

1 

17  Oct.    1803 

27  Mar.  1804 

163 

Aaron  Burr  .       .       . 

8 

2 

5  Nov.  1804 

3  Mar.   1805 

119 

Aaron  Burr  ... 

• 

• 

• 

Aaron  Burr  ... 

• 

• 

• 

Aaron  Burr  . 

9 

1 

2  Dec.   1805 

21  April  1806 

141 

George  Clinton 

9 

2 

IDec.   1806 

3  Mar.   1807 

93 

George  Clinton       f. 

10 

1 

26  Oct.    1807 

25  April  1808 

183 

George  Clinton 

10 

2 

7  Nov.  1808 

3  Mar.  1809 

117 

George  Clinton 

• 

• 

• 

George  Clinton 

Bpecial 

Ses.  Sen. 

4  Mar.   1809 

7  Mar.  1S09 

4 

11 

1 

22  May    1809 

28  June   1809 

38 

George  Clinton    .       . 

11 

2 

27  Nov.  1809 

1  May   1810 

156 

George  Clinton 

• 

• 

George  Clinton 

11 

3 

3  Dec.  1810 

3  Mar.  1811 

91 

339 


TAB  LE— Continued. 


TERMS  OF  OFFICE. 

Names  of  Presidents 
pro  teinpore  of  the 
Senate. 

SERVICE  IN  SENATE  D.  S. 

Commenced. 

Expired. 

Attended. 

Retired. 

4  Mar.  1801 

4  Mar.  1605 

4  Mar.  1809 
V          • 

Mar.  1805 
3  Mar.  1809 

4  Mar.  1801 
7  Dec.    1801 
5  Jan.    1802 
7  April  1802 
4  Dec.    1802 
9  Jan.    1803 
25  Feb.    1803 
26  Feb.    1803 
2  Mar.   1803 
7  Oct.     1803 
7  Dec.    1803 
23  Jan.    1804 
0  Mar.   1804 
5  Nov.   1804 
15  Jan.    1805 

5  Mar.    1801 
14  Jan.    1802 
16  April  1802 
3  May    1802 
18  Jan.    180- 
24  Feb.    1803 
25  Feb.     1803 
1  Mar.   1803 
3  Mar.    1803 
6  Dec.    1803 
22  Jan.    1804 
9  Mar.  1804 
27  Mar.    1804 
14  Jan.    1805 

27  Feb.    1805 
2  Mar.    1805 

3  Mar.  1805 

15  Dec.    1805 
17  Mar.   1808 
21  April  1806 
2  Mar.   1807 
3       " 
16  April  1803 
25      " 
27  Dec.    1808 

30  Jan.    1809 
3  Mar.   1809 

7      « 
SSJune  1809 
28       " 
18  Dec.    1809 
27  Feb.    1810 

16  April  181 
IMay    1810 
11  Dec.    1810 

Abraham  Baldwin  . 

Abraham  Baldwin  . 
Stephen  R.  Bradley    . 

Stephen  R.  Bradley    . 

Stephen  R.  Bradley    . 
John  Brown    . 

fohn  Brown    . 
Fesse  Franklin        . 

Joseph  Anderson    . 

Joseph  Anderson    . 

28  Feb.    1805 
2  Mar.    1805 
2  Mar.   1805 

2  Dec.    1805 
16  Dec.    1805 
18  Mar.  1806 
1  Dec.    1806 
2  Mar.  1807 
26  Oct.     1807 
16  April  1808 
7  Nov.  1808 
28  Dec.    1808 

30  Jan.    1809 

4  Mar.  1809 
22  May    1809 
26  June  1809 
27  Nov.   1809 
19  Dec.   1809 
28  Feb.    1810 

17  April  1810 
3  Dec.    1810 

Joseph  Anderson    . 
Samuel  Smith    *. 

Samuel  Smith     . 

• 

Samuel  Smith     . 

• 

Samuel  Smith     .       . 

Stephen  R.  Bradley    . 

3  Mar.  1813 

John  Milledge     . 

John  Milledge  . 

Andrew  Gregg 
Andrew  Gregg     . 

• 

John  Gaillard      .       . 

• 

John  Gaillard      . 
John  Gaillard  . 

340 


SYNOPTICAL 


1 

Session. 

Commencement 
of  Session. 

Termination 
of  Session. 

Number  of  days 
in  each  Session. 

Names  of  Vice  Presi- 
dents of  the  United 
States. 

•  :;  1" 

• 

George  Clinton    . 

12 

1 

4  Nov.  1811 

6  July   1812 

245 

George  Clinton    . 

12 

2 

2  Nov.  1812 

3  Mar.  1813 

122 

13 
13 

1 
2 

24  May    1813 
6  l>ec.    1813 

2  Aug.  1813 
18  April  1814 

71 
134 

Elbridge  Gerry 

Elbridge  Gerry        . 

13 

3 

19  Sept.  1814 

3  Mar.  1815 

106 

14 

1 

4  Dec.    1815 

30  April  1816 

149 

14 

2 

2  Dec.   1816 

3  Mar.  1817 

92 

Special 

Ses.  Sen. 

4  Mar.  1817 

6  Mar.  1817 

3 

15 

1 

1  Dec.   1817 

20  April  1818 

141 

Daniel  D.  Tompkina 

15 

2 

16  Nov.  1818 

3  Mar.   1819 

108 

Daniel  D.  Tompkins 

10 

1 

6  Dec.   1819 

15  May   1820 

162 

• 

Daniel  D.  Tompkins 

16 

2 

13  Nov.  1820 

3  Mar.  1821 

111 

17 

1 

3  Dec.   1821 

8  May   1822 

157 

9 

Daniel  D.  Tompkina 

'17 

2 

2  Dec.    1822 

3  Mar.  1823 

92 

Daniel  D.  Tompkins 

18 

1 

1  Dec.   1823 

27  May    1824 

179 

Daniel  D.  Tompkins   . 

18 

t 

6  Dec.    1824 

3  Mar.  1825 

88 

Special 

Ses.  Sen. 

4  Mar.  1825 

0        « 

6 

» 
John  C.  Calhoun     . 

TABLE— Continued. 


341 


TERMS  OF  OFFICE. 

Names  of  Presidents 
pro  tempore  of  the 

SERVICE  IN  SENATE  0.  S. 

Commenced. 

Expired. 

Senate. 

Attended. 

Retired. 

Died  April, 

1812. 

12  Dec.    1810 
23  Feb.    1811 
4  Nov.   1811 
24  Mar.    1812 
2  Nov.   1812 

24  May    1813 
6  Dec.    1813 
4  Feb.    1814 
18  April  1814 
19  Sept.  1814 
*24  Nov.  1814 
4  Dec.    1815 
2  Dec     1816 

4  Mar.   1817 
1  Dec.    1817 
19  Feb.    1818 
31  Mar.    1818 
16  Nov.   1818 
6  Jan.    1819 
15  Feb.    1819 
6  Dec.    1819 
27  Dec.    1819 
25  Jan.    1820 
13  Nov.   1820 

3  Dec.    1821 
28        " 
1  Feb.    1822 
2  Dec.    1822 
3        " 
19  Feb.    1823 
1  Dec.    1823 
21  Jan.    1824 
21  May    1824 
6  Dec.    1824 

4  Mar.  1825 
9       " 

22  Feb.    1811 
3  Mar.    1811 
23  Mar.   1812 
6  July    1812 
3  Mar.   1813 

2  Aug.  1813 
3  Feb.    1814 
17  April  1814 
18       " 
24  Nov.  1814 
2  Mar.    1815 
30  April  1815 
3  Mar.   1817 

6      " 

18  Feb.    1818 
30  Mar.    1818 
20  April  1818 
5  Jan.    1919 
14  Feb.    1819 
3  Mar.   1819 
26  Dec.    1819 
24  Jan.    1820 
15  May    1820 
3  Mar.   1821 

27  Dec.    1821 
31  Jan.    1822 
8  May    1822 
2  Dec.    1822 
18  Feb.    1823 
3  Mar.   1823 
20  Jan.    1824 
20  May    1824 
27       " 
3  Mar.   1825 

9      " 
9      *. 

John  Pope       .       • 

William  II.  Crawford 
William  H.  Crawford 

4  Mar.  1813 
Died   Nov. 

4  Mar.  1817 

4  Mar.  1821 

t 

.           . 

4  Mar.  1825 

3  Mar.  1817 
1814. 

3  Mar.  1821 

Joseph  B.  Varnum     . 

John  Gaillard      . 
John  Gaillard  .        . 
John  Gaillard      .        . 
John  Gaillard  .        .^ 
John  Gaillard     . 

John  Gaillard  . 
John  Gaillard      . 

John  Gaillard      . 
John  Gaillard  . 

James  Barbour 
James  Barbour   . 

3  Mar.  1825 

John  Gaillard      . 
John  Gaillard  . 

John  Gaillard 

John  Gaillard       .        . 
John  Gaillard  .        . 

John  Gaillard  . 
John  Gaillard      . 

3  Mar.  1829 

John  Gaillard      . 
John  Gaillard  . 

John  Gaillard  . 

*  Re-election  considered  necessary  on  death  of  Vice  President. 


342 


SYNOPTICAL 


00 

Session. 

Commencement 
of  Session. 

Termination 
of  Session. 

Number  of  daya 
in  each  Session. 

Names  of  Vice  Presi- 
dents of  the  United 
States. 

19 

1 

5  Dec.    1825 

22  May    1826 

169 

John  C.  Calhoan  .       . 

19 

2 

4  Dec.   1826 

3  Mar.  1827 

90 

John  C.  Calhoun  . 

?•      "•  :• 

• 

John  C.  Calhonn  . 

20 

1 

3  Dec.   1827 

26  May   1828 

176 

John  C.  Calhoun  .       . 

20 

2 

1  Dec.   1828 

3  Mar.  1829 

93 

Special 

Ses.  Sen. 

4  Mar.  1829 

17         " 

14 

John  C.  Calhoun     . 

John  C.  Calhoan  . 
i. 

21 

1 

7  Dec.    1829 

31  May    1830 

176 

John  C.  Calhoun     . 

21 

2 

6  Dec.   1830 

3  Mar.   1831 

88 

John  C.  Calhoun  . 

22 

1 

5  Dec.   1831 

16  July    1832 

225 

1- 

John  C.  Calhoun     . 

S3 

2 

3  Dec.    1832 

2  Mar.   1833 

90 

23 

1 

2  Dec.   1833 

30  June  1834 

211 

Martin  Van  Buren  . 

23 
24 

2 
1 

1  Dec.    1834 
7  Dec.    1835 

3  Mar.   1835 
4  July    1836 

93 
211 

Martin  Van  Buren  . 
Martin  Van  Buren  . 

24 

2 

5  Dec.   1836 

3  Mar.  1837 

89 

Martin  Van  Buren  . 

Special 
25 

Sen.  Sen. 
1 

4  Mar.  1837 
4  Sept.  1837 

10         " 

16  Oct.    1837 

7 
44 

Richard  M.  Johnson   . 
Richard  M.  Johnson 
Richard  M.  Johnson 

25 

2 

4  Dec.    1837 

9  July   1838 

218 

Richard  M.  Johnson  . 

25 

3 

3  Dec.    1838 

3  Mar.  1839 

91 

343 


TABLE — Continued. 


TERMS  OF  OFFICE. 

Names  of  Presidents 
pro  tempore  of  the 

SERVICE  IN  SENATE  U.  5. 

Commenced. 

Expired. 

Senate. 

Attended. 

Retired. 

5  Dec.    1825 
20  May    1826 
4  Dec.    1826 
2  Jan.    1827 
14  Feb.    1827 
2  Mar.   1827 
3  Dec.    1827 
15  May    1828 
1  Dec.    1828 
22        « 

4  Mar.   1829 
13        " 
7  Dec.    1829 
14       " 
29  May    1830 
6  Dec.    1830 
3  Jan.    1831 
1  Mar.    1831 
5  Dec.    1831 
12        " 
9  July    1832 
3  Dec.    1832 

2  Dec.    1833 
16        " 
28  June   1834 
1  Dec.    1834 
3  Mar.    1835 
7  Dec.    1835 
Uuly    1836 
5  Dec.    1836 
28  Jan.    1837 

4  Mar.    1837 
7        " 
4  Sept.  1837 
13        " 
4  Dec.    1837 
2  July    1838 
3  Dec.    1838 

20  May    1826 
20      " 
29  Dec.    1826 
13  Feb.    1827 
2  Mar.    1827 
3       " 
14  May    1828 
26      " 
21  Dec.    1828 
3  Mar.  1829 

12      " 
17      «' 
13  Dec.    182» 
29  May    1830 
31       " 
2  Jan.    1831 
1  Mar.   1831 
3       " 
11  Dec.    1831 
8  July    1832 
16      " 
2  Mar.    1833 

15  Dec.    1833 
27  June  1834 
30       " 
3  Mar.   1835 
3      " 
30  June   1836 
4  July    1836 
28  Jan.    1837 
3  Mar.   18r 

6       « 
10       " 
12  Sept.  1837 
16  Oct.     1831 
Uuly    1838 
9       " 
18  Dec.    1838 

•           • 

Nathaniel  Macon    . 

Nathaniel  Macon    . 

4  Mar.  1829 

Resigned  28 
4  Mar.  1833 

4  Mar.  1837 

• 

Nathaniel  Macon    . 

Samuel  Smith         . 
Samuel  Smith     . 

3  Mar.  1833 

Samuel  Smith 
Samuel  Smith     .  •'     . 

Dec.  1832. 
3  Mar.  1837 

Samuel  Smith     . 
Samuel  Smith         .    • 

Samuel  Smith         . 
Samuel  Smith 

Littleton  W.  Tazewell 
Hugh  Lawson  White  . 

Hugh  Lawson  White  . 
George  Poindezter 

John  Tyler  . 

3  Mar.  1841 

William  R.  King 
William  R.  King 

William  R.  King 

• 

William  R.  King 

• 

William  R.  King 
William  H.  King     . 

SYNOPTICAL 


Congress. 

1 

Commencement 
of  Session. 

Termination 
of  Session. 

Number  of  days 
in  each  Session. 

Names  of  Vice  Presi- 
dents of  the  United 
States. 

Rich       M  Johnson 

~ 

26 

1 

2  Dec.    1839 

21  July  1840 

?,-n 

Richard  M  Johnson 

' 

26 

2 

7  Dec.    1840 

3  Mar.  1841 

87 

•        •        • 

' 

Ses.  Sen. 

4  Mar.  1841 

15          " 

12 

27 
27 

1 
2 

31  May   1841 
6  Dec.    1841 

13  Sept.  1841 
31  Aug.  1842 

106 
2C9 

. 

27 

3 

5  Dec.    1842 

3  Mar.  1843 

89 

28 
28 

1 
2 

4  Dec.    1843 
2  Dec.    1844 

17  June  1844 
3  Mar.  1845 

197 
92 

.        .        .         . 

Special 

Ses.  Sen. 

4  Mar.  1845 

20          " 

17 

. 

29 

1 

IDec.   1845 

10  Aug.  '1846 

253 

George  M.  Dallas   . 

29 

2 

7  Dec.   1846 

3  Mar.  1847 

87 

George  M.  Dallas  . 

• 

• 

George  M.  Dallas  . 

30 

1 

6  Dec.   1847 

14  Aug.  1848 

253 

George  M.  Dallas  . 
George  M.  Dallas  . 

• 

• 

• 

George  M.  Dallas  . 

• 

• 

• 

George  M.  Dallas  . 

SO 

2 

4  Dec.   1848 

3  Mar.  1849 

90 

George  M.  Dallas 

Gporcre  M  T)  lias   * 

g 

Ses.  Sen. 

5  Mar.  1849 

23  Mar.  1849 

19 

31 

1 

3  Dec.    1849 

30  Sept.  1850 

302 

Millard  Fillmore    . 

• 

• 

»Millard  Fillmore  . 

31 

2 

2  Dec.    1850 

3  Mar.  1851 

Qfl 

32 
32 

1 
2 

1  Dec.    1851 
6  Dec.    1852 

31  Aug.  1852 
3  Mar.  1853 

275 
88 

. 

*The  President  having  died  on  9tli  July,  Slillard  Fillmore  succeeded  to  tlie  Presidency. 


TABLE— Continued. 


345 


TERMS  OF  OFFICE. 

Names  of  Presidents 
pro  tempore  of  the 
Senate. 

SERVICE   IN   SENATE   U.   8. 

Commenced. 

Expired. 

Attended. 

Retired. 

19  Dec.    1838 
25  Feb.    1839 
2  Dec.    1839 
27        " 
3  July  1840 
7  Dec.    1840 
16       « 
2  Mar.  1841 

4       « 
4       " 
11       « 
31  May  1841 
6  Dec.    1841 
31  May  1842 
5  Dec.    1842 
4  Dec.    1843 
2  Dec.    1844 
4  Mar.  1845 

4       «       ' 
IDec.    1845 
8  Aug.  1846 
7  Dec.    1846 
HJan.  1847 
14  Jan.   1847 
3  Mar.  1847 
6  Dec.    1847 
2  Feb.    1848 
9  Feb.    1848 
1  June  1848 
15  June  1848 
26  June  1848 
30  June  1848 
29  July  1848 
4  Dec.    1848 
5  Dec.    1848 
26  Dec.    1848 
2  Jan.  1849 
2  Mar.  1849 
5  Mar.  1849 

3  Dec.    1849 
6  May    1850 
20  May    1850 
10  July  1850 
11  July  1850 
2  Dec.    1850 
1  Dec.    1851 
1  Dec.    1852 
20  Dec.    1852 

24  Feb.    1839 
3  Mar.  1839 
26  Dec.    1839 
2  July  1840 
21      « 
15  Dec.    1840 
2  Mar.  1841 
3       " 

4      « 
11       « 
15      « 
13  Sept.  1841 
30  May    1842 
31  Aug.  1842 
3  Mar.   1843 
17  June  1844- 
3  Mar.  1845 
4      " 

20      " 
8  Aug.  1846 
10  Aug.  1846 
11  Jan.  1847 
14  Jan.   1847 
3  Mar.  1847 
3  Mar.  1847 
1  Feb.    1848 
8  Feb.    1848 
31  May  1848 
14  June  1848 
26  June  1848 
29  June  1848 
28  July  1848 
14  Aug.  1848 
4  Dec.    1848 
25  Dec.    1848 
IJnn.  1849 
2  Mar.  1849 
3  Mar.  1849 
23  Mar.  1849 

5  May  1850 
19  May   1850 
9  July  1850 
10  July  1850 
30  Sept.  1850 
3  Mar.  1851 
31  Aug.  1852 
20  Dec.   1852 
3  Mar.  185.3 

•           '• 

•           • 

William  R.  King    . 
William  K.  King 

William  R.  King 
William  R.  King   . 

4  Mar.  1841 
4  Mar.  1845 

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3  Mar.  1849 

William  R.  King    . 
William  R.  King 

Samuel  L.  Southard  . 
Samuel  L.  Southard 
Samuel  L.  Southard. 
Willie  P.  Mangum. 
Willie  P.  Mangum    . 
Willie  P.  Mangum. 
Willie  P.  Mangum 
Willie  P.  Mangum. 

David  R.  Atchison     . 
David  R.  Atchison    . 
David  R.  Atchison'   . 
David  R.  Atchison     . 
David  R.  Atchison     . 
David  R.  Atchison     . 

David  R.  Atchison     . 
David  R.  Atchison  . 

4  Mar.  1849 

• 

David  R.  Atchison. 

3  Mar.  1853 

David  R.  Atchison. 
David  R.  Atchison     . 

William  R.  King   . 

William  'R.  King    '   . 
William  R.  King    . 
William  R.  King. 
William  R.  King. 
David  R.  Atchison. 

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Successor  appointed  Aug.  19,  1831. 
By  Governor,  in  room  of  James 
Noble,  deceased. 
By  Legislature,  in  room  of  James 
Noble,  deceased. 

Successor  appointed  Aug.  30,  1820. 
By  Legislature,  in  room  of  Walter 
Leake,  resigned. 
Successor  appointed  Sept.  28,  1825. 
By  Governor,  in  room  of  David 
Holmes,  resigned. 
By  Legislature,  in  room  of  David 
Holmes,  resigned. 
Vacated  his  seat,  by  acceptance  of 
office  of  judge  of  United  States 
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By  Legislature,  in  room  of  John 
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Successor  appointed  April  16,  1843. 
By  Governor,  in  room  of  Samuel 
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By  Legislature,  in  room  of  Samuel 
McRoberts,  deceased. 

Successor  appointed  Nov.  23,  1824. 
By  Legislature,  in  room  of  Ninian 

liidwarus,  resigned. 

Successor  appointed  December  30, 
1835. 

By  Legislature,  in  room  of  Elias  K. 
Kane,  deceased. 

Successor  appointed  April  22,  1844. 
By  Governor,  in  room  of  William 
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Successor  appointed  December  12, 
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By  Legislature,  in  room  of  J.  W. 
Walker,  resigned. 
Successor  appointed  Feb.  17,  1826. 
By  Governor,  in  room  of  Henry 
Chambers,  deceased. 
By  Legislature,  in  room  of  Henry 
Chambers,  deceased. 

Appointed  an  associate  judge  Su- 
preme Court  United  States. 
Successor  appointed  Nov.  24,  1841. 
By  Legislature,  in  room  of  C.  C. 
Clay,  resigned. 
Resigned;  succ'r  app'd  1  July,  1848. 

Successor  appointed  Jan.  15,  1829. 

Successor  appointed  December  7, 
1836. 
By  Governor,  in  room  of  Ether 
Shepley,  resigned. 
By  Legislature,  in  room  of  Ether 
Shepley,  resigned. 
Successor  appointed  March  3,  1843. 
By  Legislature,  in  room  of  Ruel 
Williams,  resigned. 
Died;  successor  app'd  5  Jan.,  1848. 

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Successor  appointed  Jan.  20,  1835. 
By  Legislature,  in  room  of  Peleg 
Sprague. 

Successor  appointed  Oct.  55,  1833. 
By  Governor,  in  room  of  Alexander 
Buckner,  deceased. 

By  Legislature,  in  room  of  Alex- 
ander Buckiier,  deceased. 

Successor  appointed  October  14, 
1843. 

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Charles  G.  Atherton,  elected  for  6 
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Rhode  Island. 
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Connecticut... 

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Robert  C.  Winthrop.... 

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Charles  Sumner  
John  Davis  

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Trueman  Smith  
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William  H.  Seward  
Hamilton  Fish  

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Robert  F.  Stockton  

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CHAPTER  8. 


THIS     CHAPTER     IS     DEDICATED    TO 

THE   EMINENT   JURISTS 

WHO    HAVE    OCCUPIED    AND    CONTINUE    TO    OCCUPY    THE 
BENCH   OF  THAT   AUGUST   TRIBUNAL, 

THE  SUPREME  COURT  OF  THE  UNITED  STATES, 

From  the  4iA  March,  1766,  to  the  3d  March,  1861. 


CHIEF   JUSTICES 

OF  THE  SUPREME  COURT  OF  THE  UNITED  STATES. 

JOHN  JAY,  of  New  York,  appointed  by  the  President  with  the  ad- 
vice and  consent  of  the  Senate,  26th  September,  1789.  Nomi- 
nated 16lh,  and  confirmed  19th  April,  1794,  Envoy  Extraordinary  to 
England.  Resigned  as  Chief  Justice.  Successor  appointed  1st 
July,  1795. 

JOHN  RUTLEDGE,  of  South  Carolina,  appointed  1st  July,  1795,  in 
recess  of  Senate,  in  place  of  John  Jay  resigned,  and  presided  on 
the  Bench  at  August  term,  1795.  Nominated  10th,  and  rejected 
by  the  Senate  15th  December,  1795. 

WILLIAM  CUSHING,  of  Massachusetts.  Nomination  confirmed  and 
appointed,  &c.,  27th  January,  1796,  in  place  of  John  Jay,  re- 
signed. Declined  the  appointment.  He  was  then  an  Associate 
Justice. 

OLIVER  ELLSWORTH,  of  Connecticut.  Nomination  confirmed 
and  appointed,  &c.,  4th  March,  1796,  in  place  of  W.  Gushing,  de- 
clined. Appointed  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary to  France,  27th  February,  1799.  He  presided  on  the 
Bench  at  the  August  term,  1799.  Proceeded  on  his  mission  to 

389 


390 

France,  3d  November,  1799.  Resigned  as  Chief  Justice.  Suc- 
cessor appointed  19th  December,  1800. 

JOHN  JAY,  Governor  of  New  York.  Nomination  confirmed  and  ap- 
pointed, &c.,  19th  December,  1800,  in  place  of  Oliver  Ellsworth, 
resigned.  Declined  the  appointment. 

JOHN  MARSHALL,  Secretary  of  State.*  Nomination  confirmed  27th, 
and  appointed,  &c.,  31st  January,  1801,  in  place  of  John  Jay,  de- 
clined. Died  in  1835. 

ROGER  B.  TANEY,  of  Maryland.  Nomination  confirmed  and  ap- 
pointed, &c.,  15th  March,  1836,  in  the  place  of  John  Marshall, 
deceased. 


ASSOCIATE   JUSTICES 

OF  THE   SUPREME   COURT   OF   THE   UNITED   STATES. 

JOHN  RUTLEDGE,  of  South  Carolina.  Nomination  confirmed  and 
appointed  26th  September,  1789.  Resigned,  and  Thomas  John- 
son appointed. 

WILLIAM  CUSHING,  of  Massachusetts.  Nomination  confirmed 
26th,  and  appointed  27th  September,  1789.  Died,  and  Levi  Lin- 
coln appointed. 

JAMES  WILSON,  of  Pennsylvania.  Nomination  confirmed  26th,  and 
appointed  29th  September,  1789.  Died,  and  Bushrod  Washing- 
ton appointed. 

JOHN  BLAIR,  of  Virginia.  Nomination  confirmed  26th,  and  ap- 
pointed 30th  September,  1789.  Resigned,  and  Samuel  Chase  ap- 
pointed. 

ROBERT  H.  HARRISON,  of  Maryland.  Nomination  confirmed  26th 
September,  1789.  Resigned,  and  James  Iredell  appointed. 

JAMES  IREDELL,  of  North  Carolina.  Appointed  in  recess  of  Senate, 

*  John  Marshall,  Secretary  of  State,  was  nominated  to  the  Senate  as  Chief  Jus- 
tice the  20th  January,lS01,  was  confirmed  on  the  27th,  commissioned  31st  January, 
and  presided  on  the  Bench  of  the  Supreme  Court  from  the  4th  to  the  9th  February, 
or  during  February  term,  1801.  From  a  message  of  the  President  to  Congress, 
accompanied  by  a  report  from  John  Marshall,  Secretary  of  State,  dated  27th 
February,  1801,  it  appears  that  he  also  continued  to  act  in  the  latter  capacity  until 
that  day,  and  from  other  circumstances  that  he  continued  to  act  as  such  un  il  tha 
3d  March,  1801,  on  which  day  the  then  administration  terminated. 


391 

in  place  of  Robert  H.  Harrison,  resigned.  Nomination  confirmed 
and  appointed  10th  February,  1790.  Died,  and  Alfred  Moore  ap- 
pointed. 

THOMAS  JOHNSON,  of  Maryland.  Appointed  5th  August,  1791,  in 
recess  of  Senate,  in  place  of  John  Rutledge,  resigned.  Nomina- 
tion confirmed  and  appointed  7th  November,  1791.  Resigned,  and 
William  Paterson  appointed. 

WILLIAM  PATERSON,  Governor  of  New  Jersey.  Nomination 
confirmed  and  appointed  4th  March,  1793,  in  place  of  Thomas 
Johnson,  resigned.  Died,  and  Brockholst  Livingston  appointed. 

SAMUEL  CHASE,  of  Maryland.  Nomination  confirmed  and  appointed 
27th  January,  1796,  in  place  of  John  Blair,  resigned.  Died,  and 
Gabriel  Duval  appointed. 

BUSHROD  WASHINGTON,  of  Virginia.  Appointed  29th  Septem- 
ber, 1798,  in  recess  of  Senate,  in  place  of  James  Wilson,  deceased. 
Nomination  confirmed  and  appointed  20th  December,  1798.  Died, 
and  Henry  Baldwin  appointed. 

ALFRED  MOORE,  of  North  Carolina.  Nomination  confirmed  and 
appointed  10th  December,  1799,  in  place  of  James  Iredell,  de- 
ceased. Resigned,  and  William  Johnson  appointed. 

WILLIAM  JOHNSON,  of  South  Carolina.  Nomination  confirmed 
and  appointed  26th  March,  1804,  in  place  of  Alfred  Moore,  re- 
signed. (Confirmed  and  appointed  Collector  of  the  Customs  22d 
Feb.  1819,  and  declined  the  appointment.)  Died  in  1834,  and 
James  M.  Wayne  appointed. 

THOMAS  TODD,  of  Kentucky.  Nomination  confirmed  2d,  and  ap- 
pointed 3d  March, 1807. 

BROCKHOLST  LIVINGSTON,  of  New  York.  Appointed  10th  No- 
vember, 1806,  in  recess  of  Senate,  in  place  of  William  Paterson, 
deceased.  Nomination  confirmed  and  appointed  17th  December, 
1806.  Died,  and  Smith  Thompson  appointed. 

LEVI  LINCOLN,  of  Massachusetts.  Nomination  confirmed  and  ap 
pointed  3d  January,  1811,  in  place  of  William  Gushing,  deceased. 
Declined  the  appointment,  and  John  Quincy  Adams  appointed. 

JOHN  QUINCY  ADAMS,  of  Massachusetts.  Nomination  confirmed 
and  appointed  22d  February,  1811,  in  place  of  Levi  Lincoln,  de- 
clined. Declined  the  appointment,  and  Joseph  Story  appointed. 

GABRIEL  DUVAL,  of  Maryland.  Nomination  confirmed  and  ap 
pointed  18th  November,  1811,  in  the  place  of  Samuel  Chase,  de 
ceased.  Resigned,  and  Philip  P.  Barbour  appointed. 

JOSEPH  STORY,  of  Massachusetts.     Nomination  confirmed  and  an 

37 


392 

pointed  18th  November,  1811,  in  place  of  John  Quincy  Adama, 
declined.     Died  and  Levi  Woodbury  appointed. 

SMITH  THOMPSON,  of  New  York.  Appointed  1st  September, 
1823,  in  recess  of  the  Senate,  in  place  of  Brockholst  Livingston, 
deceased.  Nomination  confirmed  and  appointed  9th  December, 
1823.  Died,  and  Samuel  Nelson  appointed. 

ROBERT  TRIMBLE,  of  Kentucky.  Nomination  confirmed  and  ap- 
pointed 9th  May,  1826,  in  the  place  of  Thomas  Todd,  deceased. 
Died,  and  John  McLean  appointed. 

JOHN  McLEAN,  of  Ohio.  Nomination  confirmed  and  appointed  7th 
March,  1829,  in  the  place  of  Robert  Trimble,  deceased. 

HENRY  BALDWIN,  of  Pennsylvania.  Nomination  confirmed  and 
appointed  6th  January.  1830,  in  place  of  Bushrod  Washington,  de- 
ceased. Died,  and  R.  C.  Grier  appointed. 

JAMES  M.  WAYNE,  of  Georgia.  Nomination  confirmed  and  ap- 
pointed 9th  January,  1835,  in  place  of  William  Johnson,  deceased. 

PHILIP  P.  BARBOUR,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 15th  March,  1835,  in  place  of  Gabriel  Duval,  resigned. 
Died,  and  P.  V.  Daniel  appointed. 

JOHN  CATRON,  of  Tennessee.  Nomination  confirmed  and  ap- 
pointed 8th  March,  1837. 

WILLIAM  SMITH,  of  Alabama.  Nomination  confirmed  and  ap- 
pointed 8th  March,  1837.  Declined  the  appointment,  and  John 
McKinley  appointed. 

JOHN  McKINLEY,  of  Alabama.  Appointed  22d  April,  1837,  in  re- 
cess of  the  Senate,  in  place  of  William  Smith,  declined.  Nomina- 
tioned  confirmed  and  appointed  25th  September,  1837. 

PETER  V.  DANIEL,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 3d  March,  1841,  in  place  of  Philip  P.  Barbour,  deceased. 

SAMUEL  NELSON,  of  New  York.  Nomination  confirmed  and  ap- 
pointed, 14th  February,  1845,  in  place  of  Smith  Thompson,  de 
ceased. 

LEVI  WOODBURY,  of  New  Hampshire.  Appointed  20th  Septem 
ber,  1845,  in  recess  of  the  Senate,  in  place  of  Joseph  Story,  de 
ceased.  Nomination  confirmed  and  appointed  3d  January,  1846. 

ROBERT  C.  GRIER,  of  Pennsylvania.    Nomination  confirmed  anc 
appointed  4th  August,  1846,  in  place  of  Henry  Baldwin,  deceased. 
BENJAMIN  ROBBINS   CURTIS,  of  Massachusetts.     Appointed  during 
the  recess  of  the  Senate,  in  place  of  Levi  Woodbury,  deceased-    .No- 
mination confirmed  and  appointed  20th  December,  1851. 


393 


CLERKS  OF  THE  SUPREME  COURT  OF  THE  UNITED  STATES. 

JOHN  TUCKER,  of  Massachusetts,  appointed  Feb.  3,  1790.    Resigned. 
SAMUEL  BAYARD,  of  Delaware,  do.        Aug.  1,  1791.    Resigned. 

ELIAS  B.  CALDWELL,  of  N.  J.  do.        Aug.  15,  1800.    Died. 

WILLIAM  GRIFFITH,  of  N.  J.  do.        Feb.  9,  1826.    Died. 

WILLIAM  T.  CARROLL,  of  D.  C.         do.        Jan.  20,  1827.     Pres't  inc't. 


REPORTERS  OF  DECISIONS  OF  SUPREME  COURT  UNITED 
STATES. 

ALEXANDER  J.  DALLAS,  reported  from  1789  to  1800,  inclusive. 

WILLIAM  CRANCH,  do.         "      1801  to  1815,        " 

HENRY  WHEATON,  do.         "      1816  to  1827,        " 

RICHARD  PETERS,  jun'r,  do.         "      1828  to  1842,        " 

BENJAMIN  C.  HOWARD,  do.         "      1843.    Present  incumbent. 


MARSHALS  OF  THE  UNITED  STATES  ATTENDANT  ON  THE 
SUPREME  COURT  OF  THE  UNITED  STATES. 

Under  the  construction  of  the  judiciary  act  of  1789,  the  Marshals  of  all 
the  Districts  were  required  to  attend  the  sessions  of  the  Supreme  Court, 
until,  by  the  act  of  9th  June,  1794,  the  Marshal  of  the  district  alone  in 
which  the  court  shall  sit  was  required  to  attend  its  sessions. 
DAVID  LENOX,  Marshal  Dist.  of  Pa.,  attended  Jan.  28, 1794  to  Feb.  1801. 
DANIEL  CARROLL  BRENT,  Mar.  D.  C.,  "  Aug.  3, 1801,  to  Aug.  1808. 
WASHINGTON  BOYD,  do.  "  Feb.  1, 1808,  to  Aug.  181P. 

TENCH  RINGBOLD,  do.  "        Nov.  30, 1818,  to  Aug.  183'. 

HENRY  ASHTON,  do.  "        Feb.  4,  1831,  to  Feb.  1834. 

ALEXANDER  HUNTER,  do.  "        March  6,  1834,  to  Dec.  1848. 

ROBERT  WALLACE,  do.  "        Dec.  5, 1848,  to  Deo.  1849. 

RICIIAUD  WALLACH,  do.  "        Dec.  4,  1849.    Present  inou't 


CHAPTER  9. 


THIS  CHAPTER  IS  APPROPRIATED  TO  THE 

DISTINGUISHED   INDIVIDUALS 

WHO    HAVE     FILLED     AND    CONTINUE    TO     OCCUPY    THE 

SEVERAL  HIGH  EXECUTIVE  DEPARTMENTS  OR  OFFICES  OF 
THE  GOVERNMENT, 

From  the  4th  March,  17S9,  to  the  3d  March,  1851. 


SECRETARIES    OF    STATE. 

THOMAS  JEFFERSON,  of  Virginia.  Nomination  confirmed  and 
appointed  26th  September,  1789.  Resigned. 

EDMUND  RANDOLPH,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 2d  January,  1794.  Resigned. 

TIMOTHY  PICKERING,  of  Pennsylvania.  Nomination  confirmed 
and  appointed  10th  December,  1795.  Removed. 

JOHN  MARSHALL,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 13th  May,  1800.  Appointed  Chief  Justice  Supreme  Court 
31st  January,  1801.  Presided  as  such  at  February  term,  1801. 
Continued  to  act  as  Secretary  of  State  to  3d  March,  1801. 

JAMES  MADISON,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 5th  March,  1801.  Became  President  4th  March,  1809. 

ROBERT  SMITH,  of  Maryland.  (Secretaryof  the  Navy.)  Nomination 
confirmed  and  appointed  Gth  March,  1809.  Resigned,  and  James 
Monroe  appointed. 

JAMES  MONROE,  of  Virginia.  Appointed  2d  April,  1811,  in  recess 
of  Senate.  Nomination  confirmed  and  appointed  25th  November, 
1811.  Appointed  Secretary  of  War,  27th  September,  1814. 

JAMES  MONROE,  of  Virginia.  (Secretary  of  War.)  Nomination  con- 

37*  395 


390 

firmed  and  appointed  28th  February,  1815.     Became  President  of 

the  United  States  4th  March,  1817. 
JOHN  QUINCY  ADAMS,  of  Massachusetts.   Nomination  confirmed 

and  appointed  5th  March,  1817.    Became  President  of  the  United 

States  4th  March,  1825. 
HENRY  CLAY,  of  Kentucky.     Nomination  confirmed  and  appointed 

7th  March,  1825.     Resigned. 
MARTIN  VAN  BUREN,  of  New  York.    Nomination  confirmed  and 

appointed  6th  March,  1829.    Resigned,  and  Edward  Livingston 

appointed. 
EDWARD  LIVINGSTON,  of  Louisiana,  appointed  24th  May,  1831, 

in  recess  of  Senate.     Nomination  confirmed  and  appointed  12th 

January,  1832. 
LOUIS  McLANE,  of  Delaware.    Appointed  29th  May,  1833,  in  recess 

of  Senate.     Resigned. 
JOHN  FORSYTH,  of  Georgia.     Nomination  confirmed  and  appointed 

27th  June,  1834,  in  place  of  Louis  McLane,  resigned. 
DANIEL  WEBSTER,  of  Massachusetts.     Nomination  confirmed  and 

appointed  5th  March,  1841.     Resigned. 
ABEL  P.  UPSHUR,  of  Virginia,  appointed  24th  July,  1843,  in  recess 

of  the  Senate,  in  place  of  Daniel  Webster,  resigned.     Nomination 

confirmed  and  appointed  2d  January,  1844.     (Abel  P.  Upshur  was 

killed  on  28th  February,  1844,  by  the  bursting  of  a  large  cannon 

on  board  of  the  United  States  steam  frigate  the  Princeton.) 
JOHN  C.  CALHOUN.of  South  Carolina.    Nomination  confirmed  and 

appointed  6th  March,  1844,  in  room  of  Abel  P.  Upshur,  deceased. 
JAMES  BUCHANAN,  of  Pennsylvania.    Nomination  confirmed  and 

appointed  5th  March,  1845. 

[Continued  on  page  403] 


SECRETARIES  OF  THE  TREASURY. 

ALEXANDER  HAMILTON,  of  New  York.     Nomination  confirmed 

and  appointed  llth  September,  1789.     Resigned. 
OLIVER  WOLCOTT,  jun'r,  of  Connecticut.    Nomination  confirmed 

and  appointed  3d  February,  1795.    Resigned,  to  take  effect  -31st 

December,  1800. 
SAMUEL  DEXTER,  of  Massachusetts.  (Secretary  of  War.)  Nomu\a 

tion  confirmed  and  appointed  31st  December  1800. 


397 

ALBERT  GALLATIN,  of  Pennsylvania.  Appointed  14th  May,  1501, 
in  recess  of  Senate.  Nomination  confirmed  and  appointed  26th 
January,  1802.  Superseded  by  appointment  of  George  W.  Camp- 
bell, owing  to  his  protracted  absence  in  Europe  as  Public  Minister 
of  the  United  States. 

GEORGE  W.  CAMPBELL,  of  Tennessee.  Nomination  confirmed 
and  appointed  9th  February,  1814.  Resigned,  and  Alexander 
James  Dallas  appointed. 

ALEXANDER  JAMES  DALLAS,  of  Pennsylvania.  Nomination 
confirmed  *ind  appointed  6th  October,  1814. 

WILLIAM  H.  CRAWFORD,  of  Georgia.  Appointed  22d  October, 
1816,  in  recess  of  the  Senate.  Nomination  confirmed  and  ap 
pointed  5th  March,  1817. 

RICHARD  RUSH,  of  Pennsylvania.  Nomination  confirmed  and  ap- 
pointed 7th  March,  1825. 

SAMUEL  D.  INGHAM,  of  Pennsylvania.  Nomination  confirmed 
and  appointed  6th  March,  1829.  Resigned,  and  Louis  McLane 
appointed. 

LOUIS  McLANE,  of  Delaware.  Appointed  August  8th,  1831,  in  re- 
cess of  the  Senate.  Nomination  confirmed  and  appointed  13th 
January,  1832. 

WILLIAM  J.  DUANE,  of  Pennsylvania.  Appointed  29th  May,  1833, 
in  recess  of  the  Senate.  Superseded  by  appointment  of  Roger  B. 
Taney. 

ROGER  B.  TANEY,  of  Maryland,  appointed  23d  September,  1833,  in 
recess  of  Senate,  and  continued  until  24th  June,  1834. 

LEVI  WO  ODBURY,  of  New  Hampshire.  Nomination  confirmed  and 
appointed  27th  June,  1834. 

THOMAS  EWING,  of  Ohio.  Nomination  confirmed  and  appointed 
5th  March,  1841.  Resigned,  and  W.  Forward  appointed. 

WALTER  FORWARD,  of  Pennsylvania.  Nomination  confirmed  and 
appointed  13th  September^  1841,  in  place  of  Thomas  Ewing,  re- 
signed. 

JOHN  C.  SPENCER,  of  New  York.  Nomination  confirmed  and 
appointed  3d  March,  1843,  in  place  of  Walter  Forward,  resigned. 

GEORGE  M.  BIBB,  of  Kentucky.      Nomination  confirmed  and  ap 
pointed  15th  June,  1844,  in  place  of  John  C.  Spencer,  resigned. 

ROBERT  J.  WALKER,  of  Mississipp5  Nomination  confinneci  and 
appointed  5th  March,  1845. 

. .. ,          [Ootitinued  on  page  4031 


398 


SECRETARIES   OF   WAR. 

HENRY  KNOX,  of  Massachusetts.  Nomination  confirmed  and  ap- 
pointed 12th  September,  1789.  Resigned. 

TIMOTHY  PICKERING,  of  Pennsylvania.  Nomination  confirmed 
and  appointed,  2d  January,  1795.  Appointed  Secretary  of  State 
10th  December,  1795. 

JOHN  McHENRY,  of  Maryland.  Nomination  confirmed  and  ap- 
pointed 27th  January,  1796.  Resigned,  to  take  effect  1st  June, 
1800. 

JOHN  MARSHALL,  of  Virginia.  Nominated  7th  May,  1800.  Post- 
poned 9th  May,  1800.  Appointed  13th  May,  1800,  Secretary  of 
State. 

SAMUEL  DEXTER,  of  Massachusetts.  Nomination  confirmed  and 
appointed  13th  May,  1800.  Appointed  Secretary  of  the  Treasury 
31st  December,  1800. 

ROGER  GRISWOLD,  Member  of  House  of  Representatives  from 
Connecticut.  Nomination  confirmed  and  appointed  3d  February, 
1801.  Vacated. 

HENRY  DEARBORN,  of  Massachusetts.  Nomination  confirmed  and 
appointed  5th  March,  1801. 

WILLIAM  EUSTIS,  of  Massachusetts.  Nomination  confirmed  and 
appointed  7th  March,  1809.  Resigned,  and  John  Armstrong  ap- 
pointed. 

JOHN  ARMSTRONG,  of  New  York.  Nomination  confirmed  and 
appointed  13th  January,  1813.  Resigned,  and  James  Monroe  ap- 
pointed. 

JAMES  MONROE,  of  Virginia.  (Secretary  of  State.)  Nomination 
confirmed  and  appointed  27th  September,  1814.  Appointed  Secre- 
tary of  State  28th  February,  1815. 

WILLIAM  H.  CRAWFORD,  of  Georgia.  Nomination  confirmed  and 
appointed  3d  March,  1815.  Appointed  Secretary  of  the  Treasury 
-  22d  October,  1816. 

GEORGE  GRAHAM,  of  Virginia.  Appointed  7th  April,  1817,  in  re- 
cess of  the  Senate. 

ISAAC  SHELBY,  of  Kentucky.  Nomination  confirmed  and  appointed 
5(h  March,  1817.  Declined  the  appointment. 

JOHN  C.  CALHOUN,  of  South  Carolina.  Appointed  8th  October, 
1817,  in  recess  of  the  Senate.  Nomination  confirmed  and  ap- 
cointed  15th  December,  1817. 


399 

JAMES  BARB  OUR,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 7th  March,  1825. 

PETER  B.  PORTER,  of  New  York.  Nomination  confirmed  and  ap- 
pointed 26th  May,  1828. 

JOHN  H.  EATON,  of  Tennessee.  Nomination  confirmed  and  ap- 
pointed 9th  March,  1829.  Resigned,  and  Lewis  Cass  appointed. 

LEWIS  CASS,  of  Ohio.  Appointed  1st  August,  1831,  in  recess  of  the 
Senate.  Nomination  confirmed  and  appointed  30th  December, 
1831.  Appointed  Minister  to  France. 

BENJAMIN  F.  BUTLER,  of  New  York.  Nomination  confirmed 
and  appointed  3d  March,  1837. 

JOEL  R.  POINSETT,  of  South  Carolina.  Nomination  confirmed  and 
appointed  7th  March,  1837. 

JOHN  BELL,  of  Tennessee.  Nomination  confirmed  and  appointed 
5th  March,  1841.  Resigned. 

JOHN  McLEAN,  of  Ohio.  Nomination  confirmed  and  appointed  13th 
September,  1841,  in  place  of  John  Bell,  resigned.  Declined  the 
appointment. 

JOHN  C.  SPENCER,  of  New  York.  Appointed  12th  October,  1841, 
in  the  recess  of  the  Senate,  in  place  of  John  McLean,  declined. 
Nomination  confirmed  and  appointed  20th  December,  1841. 

JAMES  M.  PORTER,  of  Pennsylvania.  Appointed  8th  March,  1843, 
in  recess  of  the  Senate,  in  place  of  John  C.  Spencer,  resigned,  and 
continued  to  serve  until  30th  January,  1844. 

WILLIAM  WILKINS,  of  Pennsylvania.  Nomination  confirmed  and 
appointed  15th  February,  1844. 

WILLIAM  L.  MARCY,  of  New  York.  Nomination  confirmed  and 
appointed  5th  March,  1845. 

[Continued  on  page  404] 


SECRETARIES    OF   THE   NAVY. 

GEORGE  CABOT,  of  Massachusetts.   Nomination  confirmed  and  ap 

pointed  3d  May,  1798. 
BENJAMIN  STODDERT,  of  Maryland.     Nomination  confirmed  and 

appointed  21st  May,  1798.     Resigned. 
ROBERT  SMITH,  of  Maryland.    Appointed  15th  July,  1801,  in  re 

cess  of  the  Senate.     Nomination  confirmed  and  appointed  26th 

January,  1802.    Appointed  Attorney  General  2d  March,  1805. 


400 

JACOB  CROWNINSHIELD,  of  Massachusetts.  Nomination  con- 
firmed  and  appointed  2d  March,  1805. 

PAUL  HAMILTON,  of  South  Carolina.  Nomination  confirmed  and 
appointed  7th  March,  1809.  Resigned,  and  William  Jones  ap- 
pointed. 

WILLIAM  JONES,  of  Pennsylvania.  Nomination  confirmed  and  ap- 
pointed 12th  January,  1813.  Resigned,  and  Benjamin  W.  Crown- 
inshield  appointed. 

BENJAMIN  W.  CROWNINSHIELD,  of  Massachusetts.  Nomina- 
tion confirmed  and  appointed  17th  December,  1814. 

SMITH  THOMPSON,  of  New  York.  Appointed  9th  November, 
1818,  in  recess  of  the  Senate.  Nomination  confirmed  and  ap- 
pointed 30th  November,  1818.  Resigned. 

JOHN  RODGERS.  (President  of  the  Board  of  Navy  Commissioners.) 
Appointed  1st  September,  1823,  in  recess  of  the  Senate. 

SAMUEL  L.  SOUTHARD,  of  New  Jersey.  Appointed  16th  Septem- 
ber, 1823,  in  recess  of  the  Senate.  Nomination  confirmed  and  ap- 
pointed 9th  December,  1823. 

JOHN  BRANCH,  of  North  Carolina.  Nomination  confirmed  and  ap- 
pointed 9th  March,  1829.  Resigned. 

LEVI  WOODBURY,  of  New  Hampshire,  appointed  23d  May,  1831, 
in  recess  of  the  Senate.  Nomination  confirmed  and  appointed 
27th  December,  1831.  Resigned,  to  take  effect  after  30th  June, 
1834. 

MAHLON  DICKERSON,  of  New  Jersey.  Nomination  confirmed  and 
appointed  30th  June,  1834.  Resigned. 

JAMES  K.  PAULDING,  of  New  York.  Nomination  confirmed  and 
appointed  20th  June  1838,  to  take  effect  from  30th  June,  1838, 
when  M.  Dickerson's  resignation  took  effect. 

GEORGE  E.  BADGER,  of  North  Carolina.  Nomination  confirmed 
and  appointed  5th  March,  1841.  Resigned. 

ABEL  P.  UPSHUR,  of  Virginia.  Nomination  confirmed  and  appointed 
13th  September,  1841. 

DAVID  HENSHAW,  of  Massachusetts.  Appointed  24th  July,  1843, 
in  recess  of  Senate,  and  served  until  15th  January,  1844. 

THOMAS  W.  GILMER,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 15th  February,  1844,  in  the  place  of  David  Henshaw,  re- 
jected by  the  Senate.  (Thomas  W.  Gilmer,  killed  28th  February, 
1844,  by  the  bursting  of  a  large  cannon  on  board  the  United  States 
steam-frigate  Princeton.) 

JOHN    Y.   MASON,   of  Virginia.    Nomination  confirmed  and  ap- 


401 

pointed  14th  March,  1844,  in  place  of  T.  W.  Gilmer,  deceased. 
Appointed  Attorney  General  5th  March,  1845. 
GEORGE   BANCROFT,  of  Massachusetts.     Nomination  confirmed 

and  appointed  10th  March,  1845.     Resigned. 

OHN  Y.  MASON,  of  Virginia.    Appointed  9th  September,  1846,  in 
recess  of  the  Senate,  in  the  place  of  George  Bancroft,  resigned. 
Nomination  confirmed  and  appointed  17th  December,  1846. 
[Gmtinued  on  page  404] 


POSTMASTER    GENERALS. 

SAMUEL  OSGOOD,  of  Massachusetts.  Nomination  confirmed  and 
appointed  26th  September,  1789.  Resigned. 

TIMOTHY  PICKERING,  of  Pennsylvania.  Appointed  12th  August, 
1791,  in  the  recess  of  the  Senate.  Nomination  confirmed  and  ap- 
pointed 7th  November,  1791.  Appointed  1st  June,  1794,  in  the 
recess  of  the  Senate,  under  the  act  of  8th  May.,  1794.  Nomina- 
tion confirmed  and  appointed  llth  December,  1794.  [Appointed 
(ex  officio)  Commissioner  to  settle  affairs  with  the  Indians,  1st 
March,  1793.]  Appointed  Secretary  of  War  2d  January,  1795. 

J  OSEPH  HABERSHAM,  of  Georgia.  Nomination  confirmed  and  ap- 
pointed 25th  February,  1795.  Resigned. 

GIDEON  GRANGER,  of  Connecticut.  Appointed  28th  November, 
1801,  in  recess  of  the  Senate,  in  place  of  J.  Habersham,  resigned. 
Nomination  confirmed  and  appointed  26th  January,  1802. 

RETURN  JONATHAN  MEIGS.jun'r.  (Governor  of  Ohio.)  Nomi. 
nation  confirmed  and  appointed  17th  March,  1814.  Resigned. 

JOHN  McLEAN,  of  Ohio.  Appointed  26th  June,  1823,  in  recess  of  thf 
Senate.  Nomination  confirmed  and  appointed  9th  December, 
1823. 

WILLIAM  T.  BARRY,  of  Kentucky.  Nomination  confirmed  and 
appointed  9th  March,  1829. 

AMOS  KENDALL,  of  Kentucky.  Appointed  1st  May,  1835,  in  the 
recess  of  the  Senate.  Nomination  confirmed  and  appointed  15th 
March,  1836. 

JOHN  M.  NILES,  of  Connecticut.  Nomination  confirmed  and  ap- 
pointed on  18th,  to  take  effect  from  25th  May,  1840. 

FRANCIS  GRANGER,  of  New  York.  Nomination  confirmed  and 
appointed  6th  March,  1841.  Resigned. 


402 

CHARLES   *..  WICKLIFFE,  of  Kentucky.    Nomination  confirmed 
and  appointed  13th  September,  1841.     Resigned. 

CAVE    JOHNSON,  of  Tennessee.     Nomination  confirmed  and  ap- 
pointed 5th  March,  1845. 

[Contimied  on  page  404.] 


ATTORNEY   GENERALS. 

EDMUND  RANDOLPH,  of  Virginia.  Nomination  confirmed  and  ap- 
pointed 26th  September,  1789.  Appointed  Secretary  of  State  2d 
January,  1794. 

WILLIAM  BRADFORD,  of  Pennsylvania.  Nomination  confirmed 
27th  January,  and  appointed  28th  January,  1794.  Died. 

CHARLES  LEE,  of  Virginia.  Nomination  confirmed  and  appointed 
10th  December,  1795.  Appointed  (ex  officio)  Commissioner  to  ad- 
just claims  of  Georgia,  12th  February,  1800.  Appointed  Chief 
Judge  of  the  Fourth  Circuit,  &c.,  20th  February,  1801. 

THEOPHILUS  PARSONS,  of  Massachusetts.  Nomination  con- 
firmed and  appointed  20th  February,  1801.  Declined  the  appoint 
ment. 

LEVI  LINCOLN,  of  Massachusetts.  Nomination  confirmed  and  ap- 
pointed 5th  March,  1801.  Resigned  in  1805. 

ROBERT  SMITH,  of  Maryland.  Nomination  confirmed  and  appointed 
2d  March,  1805. 

JOHN  BRECKENRIDGE,  of  Kentucky.  Nomination  confirmed  and 
appointed  23d  December,  1805. 

CAESAR  A.  RODNEY,  of  Pennsylvania.  Nomination  confirmed  and 
appointed  20th  January,  1807.  Resigned. 

WILLIAM  PINKNEY,  of  Maryland.  Nomination  confirmed  and 
appointed  llth  December,  1811. 

RICHARD  RUSH,  of  Pennsylvania.  Nomination  confirmed  and  ap- 
pointed 10th  February,  1814. 

WILLIAM  WIRT,  of  Virginia.  Appointed  13th  November,  1817,  in 
recess  of  the  Senate.  Nomination  confirmed  and  appointed  15th 
December,  1817. 

JOHN  MACPHERSON  BERRIEN,  of  Georgia.  Nomination  con- 
firmed and  appointed  9th  March,  1829.  Resigned. 

ROGER  BROOKE  TANEY,  of  Maryland.  Appointed  20th  July, 
1831,  in  the  recess  of  the  Senate.  Nomination  confirmed  and  ap- 
pointed 27th  December,  1831. 


403 

BENJAMIN  F.  BUTLER,  of  New  York.  Appointed  15th  Novem- 
ber,  1833,  in  the  recess  of  the  Senate.  Nomination  confirmed  and 
appointed  24th  June,  1834.  Resigned. 

FELIX  GRUNDY,  of  Tennessee.  Nomination  confirmed  and  ap- 
pointed 7th  July,  1838,  to  take  effect  1st  September,  1838,  when 
resignation  of  B.  F.  Butler  took  effect.  Resigned. 

tIENRY  D.  GILPIN,  of  Pennsylvania.  Nomination  confirmed  and 
appointed  10th  January,  1840. 

JOHN  J.  CRITTENDEN,  of  Kentucky.  Nomination  confirmed  and 
appointed  5th  March,  1841.  Resigned. 

HUGH  S.  LEGARE,  of  South  Carolina.  Nomination  confirmed  and 
appointed  13th  September,  1841.  Died. 

JOHN  NELSON,  of  Maryland.  Appointed  1st  July,  1843,  in  the  re- 
cess of  the  Senate.  Nomination  confirmed  and  appointed  2d  Janu- 
ary, 1844.  Resigned. 

JOHN  Y.  MASON,  of  Virginia.  Nomination  confirmed  and  appointed 
5th  March,  1845.  Resigned.  Appointed  Secretary  of  the  Navy 
9th  September,  1846. 

NATHAN  CLIFFORD,  of  Maine.  Appointed  17th  October,  1846,  in 
the  recess  of  the  Senate.  Nomination  confirmed  and  appointed 
23d  December,  1846.  Resigned. 

ISAAC  TOUCEY,  of  Connecticut  Nomination  confirmed  and  appointed 
21st  June,  1848. 

[Continued  on  page  404.] 

SECRETARIES  OF  STATE. 

JOHN  M.  CLAYTON,  of  Delaware.  Nomination  confirmed  and  appointed 
7th  March,  1849.  Resigned. 

DANIEL  WEBSTER,  of  Massachusetts.  Nomination  confirmed  and  ap- 
pointed 20th  July,  1850.  Died. 

EDWARD  EVERETT,  of  Massachusetts.  Nomination  confirmed  and  ap- 
pointed 9th  December,  1852. 

SECRETARIES  OF  THE  TREASURY. 

WILLIAM   MORRIS   MEREDITH,  of  Pennsylvania.    Nomination  con- 
firmed and  appointed  7th  March,  1849.     Resigned. 
THOMAS   CORWIN,  of  Ohio.     Nomination  confirmed  and  appointed  20th 

June,  1850. 

38 


404 
SECRETARIES  "OF  THE  INTERIOR. 

THOMAS  EWING,  of  Ohio.     Nominated  and  confirmed  7th  March,  1849. 

Resigned. 
JAMES  A.  PEARCE,  of  Maryland.     Nomination  confirmed  and  appointed 

20th  July,  1850.     Declined  accepting. 
THOMAS  M.  T.  McKENNAN,  of  Pennsylvania.     Nomination  confirmed 

and  appointed  15th  August,  1850.    Resigned. 
ALEXANDER  H.  H.  STUART,  of  Virginia.     Nomination  confirmed  and 

appointed  12th  September,  1850. 

SECRETARIES  OF  WAR. 

GEORGE  W.  CRAWFORD,  of  Georgia.  Nomination  confirmed  and  ap- 
pointed 7th  March,  1849.  Resigned. 

EDWARD  BATES,  of  Missouri.  Nomination  confirmed  and  appointed 
20th  July,  1850.  Declined  accepting. 

CHARLES  M.  CONRAD,  of  Louisiana.  Nomination  confirmed  and  ap- 
pointed 15th  August,  1850. 

SECRETARIES  OF  THE  NAVY. 

WILLIAM  BALLARD  PRESTON,  of  Virginia.     Nomination  confirmed 

7th  March,  1849. '  Resigned. 
WILLIAM  A.  GRAHAM,  of  North  Carolina.    Nomination  confirmed  and 

appointed  20th  July,  1850.     Resigned. 
JOHN  P.  KENNEDY,  of  Maryland.    Nomination  confirmed  and  appointed 

22d  July,  1852. 

ATTORNEY  GENERALS. 

REVERDY  JOHNSON,  of  Maryland.  Nominated  and  confirmed  7th 
March,  1849.  Resigned. 

JOHN  J.  CRITTENDEN,  of  Kentucky.  Nomination  confirmed  and  ap- 
pointed 20th  July,  1850. 

POSTMASTER  GENERALS. 

JACOB  COLLAMER,  of  Vermont.    Nominated  and  confirmed  7th  March. 

1849.     Resigned. 
NATHAN  K.  HALL,  of  New  York.    Nomination  confirmed  and  appointed 

20th  July,  1850.     Resigned. 
SAMUEL  D.  HUBBARD,  of  Connecticut.     Nomination  confirmed  and 

appointed  31st  August,  1852. 
hicke'y  constitutions. 


405 
CHAPTER  10. 

THE  UNITED  STATES  OF  AMERICA. 

CHRONOLOGICAL  statement  of  the  formation  of  the  govern- 
ments of  the  several  STATES;  of  their  becoming  members 
of  the  Union  by  their  adoption  or  ratification  of  the  Con- 
stitution of  the  United  States,  or  by  their  admission  as 
States  since  the  establishment  of  the  Constitution  ;  with 
a  particular  account  of  the  progress  of  each  of  the  lat- 
ter, either  from  the  condition  of  territorial  dependencies,, 
or  independent  governments,  to  the  rank  of  STATES. 

MONDAY,  SEPTEMBER  5,  1774. 

A  number  of  Delegates,  chosen  and  appointed  by  the  several  Colonies 
and  Provinces  in  North  America,  met  to  hold  a  Congress  at  Philadel- 
phia, and  assembled  in  Carpenter's  Hall. 

TUESDAY,  SEPTEMBER  6,  1774. 

Resolved,  That  in  determining  questions  in  this  Congress,  each  Co- 
lony or  Province  shall  have  one  vote — The  Congress  not  being  pos- 
sessed of,  or  at  present  able  to  procure  proper  materials  for  ascertaining 
the  importance  of  each  Colony. 

[This  principle  was  confirmed  by  the  Articles  of  Confederation  which 
declared  that,  "In  determining  questions  in  the  United  States,  in  Con- 
gress assembled,  each  State  shall  have  one  vote."  And  they  further 
declared  that  certain  enumerated  powers  should  never  be  determined 
by  Congress,  "unless  nine  States  assent  to  the  same:  nor  shall  a  ques 
tion  on  any  other  point,  except  for  adjourning  from  day  to  day,  be  deter- 
mined, unless  by  the  votes  of  a  majority  of  the  United  States  in  Congress 
assembled." — These  extracts  show  the  relative  authority  or  importance 
of  the  several  States  in  the  exercise  of  the  sovereign  power  under  the 
Confederation.] 

TUESDAY,  JULY  2,  1776. 

Resolved,  That  these  United  Colonies  are,  and,  of 
right,  ought  to  be,  Free  and  Independent  States  ;  that 


40G 

they  are  absolved  from  all  allegiance  to  the  British  crown, 
and  that  all  political  connexion  between  them,  and  the 
State  of  Great  Britain,  is,  and  ought  to  be,  totally  dis- 
solved. 

THURSDAY,  JULY  4,  1776. 

The  Congress  agreed  to  A  DECLARATION  OF  INDEPENDENCE  BY  THZ 
REPRESENTATIVES  OF  THE  UNITED  STATES  OF  AMERICA,  IN  CONGRESS 
ASSEMBLED,  to  be  signed  by  the  members  from  the  several  States,  which 
will  be  found  in  this  volume. 

MONDAY,  SEPTEMBER  9,  1776. 

Resolved,  That  in  all  continental  commissions,  and  other  instruments, 
where,  heretofore,  the  words  "United  Colonies"  have  been  used,  the 
style  be  altered,  for  the  future,  to  the  UNITED  STATES. 

SATURDAY,  NOVEMBER  15,  1777. 

The  Articles  of  Confederation  and  perpetual  Union  of  the  United 
States  of  America  were  agreed  to  by  the  Delegates  cf  the  thirteen 
original  States  in  Congress  assembled,  subject  to  the  ratification 
of  the  Legislatures  of  the  several  States. 

These  articles  were  ratified  by  8  States  on  the    9th  July,  1778. 
Ditto.     .     •     .     .     .     1  State     .     .     21st  July,  1778. 

Ditto 1  State  .     .     .  24th  July,  1778. 

Ditto 1  State    .     .     26th  Nov.  1778. 

Ditto 1  State  .     .     .  22d  Feb.,  1779. 

Ditto 1  State     .     .      1st  March,  1781. 

The  ratification  was  therefore  completed  on  the  1st  March,  1781," 
the  articles  being  dated  the  9th  July,  1778,  and  this  completed  the 
bond  of  union  of  the  thirteen  original  States,  whose  delegates  as- 
sembled in  Congress  continued  to  legislate  and  execute  the  powers 
of  the  United  States  under  the  Articles  of  Confederation  until  the 
4th  March,  1789,  when,  by  their  resolution  of  the  13th  September, 
1788,  the  Constitution  of  the  United  States,  also  adopted  and  rati- 
fied by  the  people  of  the  said  original  States,  went  into  operation, 

*  Vide  the  notes  under  "Ohio"  for  the  cause  of  the  delay  on  the  part  of  Mary- 
land to  ratify  the  Articles  of  Confederation  until  March  1,  1731. 


407 

forming  thereby  a  more  perfect  UNION  OF  THE   PEOPLE  FOR  THE 
GOVERNMENT  OF  THE  UNITED  STATES  OF  AMERICA. 

The  thirteen  original  States  that  formed  and  confirmed 
the  Union  by  the  adoption  of  the  Constitution,  are  as  fol- 
lows : — 

NEW  HAMPSHIRE. 

Embraced  under  the  charter?  of  Massachusetts,  and  continued  under  the  same 
jurisdiction  until  September  18, 1(579,  when  a  separate  charter  and  government 
was  granted.    A  Constitution  was  formed  on  January  5,  1776,  which  was  altered 
in  1784,  and  was  further  altered  and  amended  on  February  13,  1792. 
This  State  ratified  the  Constitution  of  the  United  States,  June  21,  1788. 

MASSACHUSETTS. 

Settled  under  compacts  of  the  emigrants  of  November  3, 1620,  and  chartered  on 
March  4,  1629 ;  also  chartered  January  13, 1630  j  an  explanatory  charter  granted 
August  20,  1726,  and  more  completely  chartered  on  October  7,  1731 ;  formed  a 
Constitution  on  March  2,  1780,  which  was  altered  and  amended  on  November 
3,  1820. 

Ratified  the  Constitution  of  the  United  States,  February  6, 178a 

RHODE  ISLAND. 

Embraced  under  the  charters  of  Massachusetts,  and  continued  under  the  same 
jurisdiction  until  July  8, 1662,  when  a  separate  charter  was  granted,  which  con- 
tinued in  force  until  a  Constitution  was  formed  in  September,  1842. 

Ratified  the  Constitution  of  the  United  States,  May  29, 1790. 

CONNECTICUT. 

Embraced  under  the  charters  of  Massachusetts,  and  continued  under  the  same 
jurisdiction  until  April  23,  1602,  when  a  separate  charter  was  granted,  which 
continued  in  force  until  a  Constitution  was  formed  on  September  15,  1818. 

Ratified  the  Constitution  of  the  United  States,  January  9, 1788. 

NEW  YORK. 

Granted  to  Duke  of  York,  March  20, 1664  ;  April  26, 1664 ;  June  24, 1664.  Newly 
patented  on  February  9, 1674;  formed  a  Constitution  on  April  20,  1777,  which 
was  amended  on  October  27,  1801,  and  further  amended  November  10,  1821. 
A  new  Constitution  was  formed  in  1846. 

Ratified  the  Constitution  of  the  United  States,  July  26, 1788. 

NEW  JERSEY. 

Held  under  same  grants  as  New  York ;  separated  into  East  and  West  Jersey 
on  March  3. 1677.    The  government  surrendered  to  the  Crown  in  1702,  and  so 
continued  until  the  formation  of  a  Constitution  on  July  2, 1776. 
Ratified  the  Constitution  of  the  United  States,  December  18,  1787. 
38* 


408 

PENNSYLVANIA. 

Chartered  on  February  28,  1631 ;  formed  a  Constitution  on  September  28,  1776; 
amended,  &c.,  on  September  2,  1790. 
Ratified  the  Constitution  of  the  United  States,  December  12, 1787. 

DELAWARE. 

Embraced  in  the  charter,  and  continued  under  the  government  of  Pennsyl- 
vania until  the  formation  of  a  Constitution  on  September  20, 1776 ;  a  new  Con- 
stitution formed  on  June  12,  1792. 

Ratified  the  Constitution  of  the  United  States,  December  7, 1787. 

MARYLAND. 

Chartered  on  June  20,  1632;  formed  a  Constitution  August  14,  1776,  which  was 
amended  in  1795  and  1799,  and  further  amended  in  November,  1812. 
Ratified  the  Constitution  of  the  United  States,  April  28, 1788. 

VIRGINIA. 

Chartered  April  10, 1606,  May  23, 1609,  and  March  12, 1612;  formed  a  Consti- 
tution on  July  5, 1776  ;  amended  January  15, 1S30. 
Ratified  the  Constitution  of  the  United  States,  June  26, 1788. 

NORTH  CAROLINA. 

Chartered  in  March  20, 1663,  and  June  30, 1665 ;  formed  a  Constitution,  Decem- 
ber 19,  1776,  which  was  amended  in  1835. 
Ratified  the  Constitution  of  the  United  States,  November  21,  1789. 

SOUTH  CAROLINA. 

Embraced  in  the  charters  of  Carolina  or  North  Carolina,  from  which  it  was 
separated  in  1729 ;  formed  a  Constitution  March  26,  1776,  which  was  amended 
on  March  19, 1778,  and  June  3,  1790. 

Ratified  the  Constitution  of  the  United  States,  May  23, 1788. 

GEORGIA. 

Chartered  on  June  9, 1732 ;  formed  a  Constitution  on  February  5, 1777,  a  se- 
cond in  1785,  and  a  third  on  May  30.  1798. 
Ratified  the  Constitution  of  the  United  States,  January  2, 1788. 

The  privilege  of  becoming  members  of  the  American  Union  by 
the  mere  ratification  of  the  Constitution,  was  reserved  to  those 
States  alone  that  were  parties  to  the  previous  confederation  and 
the  compact  or  convention  by  which  the  Constitution  was  formed. 
The  ratification  of  nine  States  being  sufficient  for  the  establish- 
ment of  the  Constitution;  and,  it  having  been  ratified  by  eleven 
States,  it  was  determined  by  Congress,  on  the  13th  September, 


409 

1788,  under  the  resolutions  of  the  convention,  that  the  Constitu- 
tion had  been  established,  and  that  it  should  go  into  operation  on 
the  first  Wednesday  (4th  day)  of  March,  1789. — It  therefore  ap- 
pears that  two  of  the  States  did  not  ratify  the  Constitution  until 
after  its  establishment,  yet  they  were  not  treated  as  new  States, 
requiring  particular  forms  of  admission,  but  their  Senators  and 
Representatives,  as  provided  for  in  the  2d  sect.  1st  art.  of  the 
Constitution,  were  admitted  in  Congress  upon  the  presentation  of 
their  authenticated  forms  of  ratification.  It  was  considered  neces- 
sary, however,  that  the  laws  of  the  United  States  passed  previous 
to  their  accession  should  be  extended  to  them  by  special  acts. 

The  Union  having  been  thus  completed,  and  its  Constitution 
and  government  established,  the  United  States  under  the  3d  section 
of  the  4th  article  of  the  Constitution  reserved  to  themselves,  in 
Congress  assembled,  the  right  and  the  power  to  admit  new  States, 
by  declaring  that  "  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;"  and,  as  the  4th  section  of  the  same  article  re- 
quires, that  "  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  Republican  form  of  government,"  it  has  in  practice 
been  deemed  a  pre-requisite  that  the  people  proposing  to  form  a  new 
State  be  authorized  by  law  to  form  a  Constitution,  to  be  submitted 
to  Congress,  to  enable  that  body  to  judge  of  its  Republican  cha- 
racter, before  proceeding  to  exercise  that  high  and  sovereign  power 
of  admitting  a  distinct  community  of  people  to  the  inestimable 
rights,  privileges,  and  immunities,  secured  by  the  organization  of  a 
State  government, — and  upon  an  equal  footing,  in  all  respects 
whatsoever,  with  those  States  that  jointly  achieved  the  -independ- 
ence of  the  country,  and  which,  together  with  those  thav  have  be- 
come members  of  the  Union  since  that  eventful  period,  have  borne 
the  hardships,  trials,  and  difficulties,  both  internal  and  external, 
through  which  the  nation  has  passed,  and  which  have  secured  the 
stability,  power,  and  happiness  of  the  country. 

The  Constitution  of  the  United  States  declares,  that  "  new  States 
may  be  admitted  by  the  Congress  into  this  Union ;  but  no  new 
State  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other 
State,  nor  any  State  be  formed  by  the  junction  of  two  or  more 


410 

Stales,  or  parts  of  States,  without  the  consent  of  the  legislatures  of 
the  States  concerned  as  well  as  of  the  Congress." 

Upon  this  clause,  James  Madison,  in  the  "  Federalist,"  makes 
the  following  remarks  : — 

"In  the  articles  of  Confederation,  no  provision  is  found  on  this  im- 
portant subject.  Canada  was  to  be  admitted  of  right,  on  her  joining  in 
the  measures  of  the  United  States  ;  and  the  other  colonies,  by  which  were 
evidently  meant,  the  other  British  Colonies,  at  the  discretion  of  nine 
States.  The  eventual  establishment  of  new  States  seems  to  have  been 
overlooked  by  the  compilers  of  that  instrument.  We  have  seen  the  in- 
convenience of  this  omission,  and  the  assumption  of  power  into  which 
Congress  have  been  led  by  it.  With  great  propriety,  therefore,  has  the 
new  system  supplied  the  defect.  The  general  precaution,  that  no  new 
State  shall  be  formed  without  the  concurrence  of  the  Federal  authority, 
and  that  of  the  States  concerned,  is  consonant  to  the  principles  which 
ought  to  govern  such  transactions.  The  particular  precaution  against 
the  erection  of  new  States,  by  the  partition  of  a  State  without  its  con- 
sent, quiets  the  jealousy  of  the  larger  States ;  as  that  of  the  smaller  is 
quieted  by  a  like  precaution,  against  a  junction  of  States  without  their 
consent." 

The  Constitution  also  declares  that  "  the  Congress  shall  have 
power  to  dispose  of,  and  make  all  needful  rules  and  regulations  re- 
specting the  territory  or  other  property  belonging  to  the  United 
States ;  and  nothing  in  this  Constitution  shall  be  so  construed  as 
to  prejudice  any  claims  of  the  United  States,  or  of  any  particular 
State." 

Under  this  clause,  Congress  exercises  the  power  of  creating 
territorial  governments,  which  in  process  of  time,  by  the  increase 
of  population  and  other  concurrent  causes,  apply,  on  behalf  of  the 
people,  for  authority  to  form  constitutions  and  state  governments, 
with  a  view  to  admission  into  the  Union,  at  a  future  period,  and  it 
is  for  the  Congress  of  the  United  States  in  the  exercise  of  their  high 
constitutional  powers,  and  under  the  solemn  responsibilities  imposed 
upon  them  as  guardians  of  the  rights  and  the  welfare  of  the  wrhole 
Union,  to  judge  of  the  expediency  and  the  time  of  admitting  the  peo- 
ple who  may  have  become  inhabitants  of  such  territories,  to  all  the 
peculiar  and  inestimable  rights,  privileges,  and  immunities  of  the 


citizens  of  one  of  the  United  Staks  of  America.     Mr.  Madison  re- 
marks upon  this  point  that, 

"  This  is  a  power  of  very  great  importance,  and  required  by  considera- 
tions similar  to  those  which  show  the  propriety  of  the  former.  The 
proviso  annexed  is  very  proper  in  itself,  and  was  probably  rendered 
absolutely  necessary  by  jealousies  and  questions  concerning  the  western 
territory  sufficiently  known  to  the  public." 

But  the  Constitution  requires  that  "The  United  States  shall 
guarantee  to  every  State  in  this  Union  a  Republican  Form  of  Go- 
vernment, and  shall  protect  each  of  them  against  Invasion ;  and  on 
Application  of  the  Legislature,  or  of  the  Executive,  (when  the 
Legislature  cannot  be  convened,)  against  domestic  Violence."  And, 
upon  this  clause,  Mr.  Madison  has  expressed  in  the  "  Federalist" 
the  following  wise  and  just  sentiments  : 

"  In  a  Confederacy  founded  on  republican  principles,  and  composed  of 
republican  members,  the  superintending  government  ought  clearly  to 
possess  authority  to  defend  the  system  against  aristocratic  or  monarchical 
innovations.  The  more  intimate  the  nature  of  such  a  Union  may  be, 
the  greater  interest  have  the  members  in  the  political  institutions  of  each 
other ;  and  the  greater  right  to  insist,  that  the  forms  of  government  under 
which  the  compact  was  entered  into,  should  be  substantially  maintained. 

"But  a  right  implies  a  remedy;  and  where  else  could  the  remedy 
be  deposited,  than  where  it  is  deposited  by  the  Constitution  ?  Govern- 
ments of  dissimilar  principles  and  forms  have  been  found  less  adapted  to 
a  federal  coalition  of  any  sort  than  those  of  a  kindred  nature.  '  As  the 
confederate  republic  of  Germany,'  says  Montesquieu,  '  consists  of  free 
cities  and  petty  States,  subject  to  different  princes,  experience  shows  us, 
that  it  is  more  imperfect  than  that  of  Holland  and  Switzerland.'  '  Greece 
was  undone,'  he  adds,  '  as  soon  as  the  king  of  Macedon  obtained  a  seat 
among  the  Amphictyons.1  In  the  latter  case,  no  doubt,  the  dispropor- 
tionate force,  as  well  as  the  monarchical  form  of  the  new  confederate, 
had  its  share  of  influence  on  the  events. 

"  It  may  possibly  be  asked,  what  need  there  could  be  of  such  a  pie- 
caution,  and  whether  it  may  not  become  a  pretext  for  alterations  in  the 
State  governments,  without  the  concurrence  of  the  States  themselves. 
These  questions  admit  of  ready  answers.  If  the  interposition  of  the 
General  Government  should  not  be  needed,  the  provision  for  such  an 
event  will  be  a  harmless  superfluity  only  in  the  Constitution.  But  whi> 
can  say  what  experiments  may  be  produced  by  the  caprice  of  particular 


412 

States,  by  the  ambition  of  enterprising  leaders,  or  by  the  intrigues  and 
influence  of  foreign  powers  ? 

"  To  the  second  question  it  may  be  answered,  that  if  the  General  Go- 
vernment should  interpose  by  virtue  of  this  Constitutional  authority,  it 
will  be  of  course  bound  to  pursue  the  authority.  But  the  authority  ex- 
tends no  farther  than  to  a  guarantee  of  a  republican  form  of  government, 
which  supposes  a  pre-existing  government  of  the  form  which  is  to  be 
guarantied.  As  long  therefore  as  the  existing  republican  forms  are  con- 
tinued by  the  States,  they  are  guarantied  by  the  Federal  Constitution. 
Whenever  the  States  may  choose  to  substitute  other  republican  forms, 
they  have  a  right  to  do  so,  and  to  claim  the  Federal  guarantee  for  the 
latter.  The  only  restriction  imposed  on  them  is,  that  they  shall  not  ex- 
change republican  for  anti-republican  constitutions ;  a  restriction  which, 
it  is  presumed,  will  hardly  be  considered  as  a  grievance." 


THE  "NEW  STATES," 

ADMITTED  INTO  TIIK  UNION   SINCE  THE  ADOPTION  OF  THE  CON- 
STITUTION OF  THE  UNITED  STATES,  ARE  AS  FOLLOWS:— 

VERMONT, 

Formed  from  part  of  the  territory  of  New  York,  •with  the  consent  of  its  Legis- 
lature, by  act  of  March  6,1790.  (Vide  Journal  Senate  of  the  United  States,  Feb.  9. 
JT91,  and  appendix  to  Journal  House  of  Representatives,  vol.  I,  p.  412.)  Applica- 
tion of  the  Commissioners  of  Vermont  to  Congress  for  admission  into  the  Union 
was  received  at  Philadelphia,  Feb.  9,  1791,  a  constitution  having  been  formed 
Dec.  25,  1777.  Vermont  admitted  by  act  of  Congress  approved  Feb.  18,  1791,  to 
take  effect,  i.  e.,  "shall  be  received  and  admitted,"  on  March.  4,  1791. 

Entitled  to  two  Representatives  by  act  of  Congress  Feb.  25,  1791. 

An  act  giving  effect  to  laws  of  the  United  States  in  Vermont,  after  March  3, 
1791,  approved  March  2, 1791. 

A  constitution  adopted  by  Vermont,  July  9,  1793. 

KENTUCKY, 

Formed  from  the  territory  of  Virginia  with  the  consent  of  its  Legislature  by  act 
of  Dec.  18. 1789.  (Vide  Journal  Senate  of  the  United  States.  Dec.  9, 1790,  and  Bioren 
&  Duane's  edition  Laws  of  the  United  States,  vol.  1,  page  673;  and  message  or 
speech  of  President  to  Congress,  Dec.  8, 1790.)  Application  of  the  convention  of 
Kentucky  recci>ed,  Dec.  9,  1790.  (See  Journal  House  of  Representatives,  vol.  1. 
p.  411,  appendix.)  (Its  constitution  not  then  formed.)  Act  of  Congress  for  its  re- 
ocption  and  admission  on  June  1,  1792,  approved  on  Feb.  4, 1791. 

Entitled  to  two  Representatives,  by  act  of  Congress  Feb.  25, 1791. 


413 

(No  act  giving  effect  to  laws  of  the  United  States  in  Kentucky.) 

A  copy  of  the  constitution  formed  for  the  State  of  Kentucky  Jaid  before  Congress 

by  the  President  of  the  United  States,  on  November  7, 1792.    A  new  constitution 

was  adopted  on  August  17, 1799. 

TENNESSEE, 

Formed  of  territory  ceded  to  the  United  States  by  the  State  of  North  Carolina, 
by  act  of  December,  1789,  conveyed  to  the  United  States  by  the  Senators  from  North 
Carolina,  Feb.  25, 1790,  and  accepted  by  act  of  Congress  of  April  2, 1790.  An  act  for 
the  government  of  the  territory  of  the  United  States  south  of  the  river  Ohio,  was 
approved  26  May ,-1790.  See  also  act  of  8  May,  1792.  The  people  of  that  territory 
formed  a  convention,  adopted  a  constitution  on  Feb.  6, 1796,  and  applied  for  admis- 
sion, (vide  Journal  House  of  Representatives,  April  8,  and  Senate  Journal,  April  11, 
1796,  and  folio  State  Papers,  "  Miscellaneous,"  vol.  1,  pp.  146 — 7,  150.)  upon  which 
"  an  act  for  the  admission  of  the  State  of  Tennessee  into  the  Union  was  passed  and 
approved,  June  1,  1 796,  by  which  the  laws  of  the  United  States  were  extended 
to  that  State,  and  it  was  allowed  one  Representative  in  Congress. 

The  said  laws  were  again  extended  to  the  State  of  Tennessee  by  an  act  approved 
January  31,  1797,  and  by  an  act  approved  February  19,  1799.  (This  last  act  divided 
tin;  State  into  Eastern  and  Western  Districts.) 

OHIO, 

Formed  out  of  a  part  of  the  territory  north-west  of  the  river  Ohio,  which  was 
ci:.led  to  the  United  States  by  the  General  Assembly  of  Virginia,  at  their  sessions 
Ix'gun  October  20, 1783,  and  accepted  by  the  Congress  of  the  United  States,  March  1, 
1784.  The  act  of  Virginia  was  modified  by  act  of  Assembly  of  December  30, 1788, 
consenting  that  the  territory  be  divided  into  not  more  than  five,  nor  less  than  three, 
States.  An  act  to  provide  for  the  government  of  the  territory  north-west  of  the 
river  Ohio,  was  approved  on  August  7, 1789.  This  territory  was  divided  into  two 
separate  governments  by  act  of  Congress  of  May  7, 1800. 

The  census  of  the  territory,  and  petitions  from  the  people  thereof,  referred  to  com- 
mittee of  the  House  of  Representatives.  (See  Journal,  January  29, 1802.  See  report 
March  4, 1802,  folio  State  Papers,  "Miscellaneous,"  vol.  1,  p.  325.)  An  act  to  enable 
the  people  of  the  eastern  division  of  said  territory  to  form  a  constitution  and  State 
government  was  passed  and  approved  April  30,  1802,  by  which  that  State  was 
allowed  one  Representative  in  Congress.  A  constitution  was  accordingly  formed  on 
November  1,  1802,  and  presented  to  Congress.  (See  Journal  Senate,  January  7, 1803.) 

The  said  people  having,  on  Noveniber  S39j  1803,  complied  with  me  act  of 
Congress,  of  April  30, 1802,  whereby  the  said  State  became  one  of  the  United  States, 
an  act  was  passed  and  approved  on  February  19, 1803,  for  the  due  execution  of  the 
laws  of  the  United  States,  Ac.,  within  that  State. 

An  act  in  addition  to,  and  in  modification  of,  the  propositions  contained  in  the  act 
of  April  30, 1802,  was  passed  and  approved  on  March  3d,  1803. 


414 

aNORTII-WKSTERN    AND   WESTERN   TERRITORY. 

OHIO  being  the  first  State  formed  out  of  the  territory 
north-west  of  the  river  Ohio,  and  admitted  into  the  Union, 
it  is  deemed  proper  to  insert  here  the  circumstances  and 
facts  which  led  to  the  cession  of  that  territory,  and  the 
principles  agreed  upon  and  established  for  the  rule  of  its 
future  government,  which  will  apply  equally  to  the  other 
States  formed  out  of  this  territory. 

Preliminary  to  the  "  Ordinance  for  the  government  of  the  Terri- 
tory of  the  United  States  north-west  of  the  river  Ohio,  it  may  be 
proper  to  refer  to  the  acts  and  proceedings  which  led  to  the  cession 
of  this  and  other  territory  to  the  United  States  by  individual  States; 
to  the  acts  of  cession  themselves,  and  to  other  acts  having  a  direct 
bearing  upon  this  interesting  subject. 

The  attention  of  the  whole  country  appears  to  have  been  first 
drawn  to  the  subject,  in  a  forcible  manner,  by  the  decided  stand 
taken  by  the  State  of  Maryland,  during  the  discussion  in  the  Con- 
gress upon  the  objections  of  certain  States  to  the  articles  of  Con- 
federation, in  June,  1778.  That  State  proposed,  on  the  22d  June, 
1778,  and  afterwards  insisted,  that  the  boundaries  of  each  of  the 
States,  as  claimed  to  extend  to  the  river  Mississippi,  or  South  Sea, 
should  be  ascertained  and  restricted,  and  that  the  property  in  the 
soil  of  the  western  territories  be  held  for  the  common  benefit  of  all 
the  States.  From  that  time  until  2d  February,  1781,  the  State  of 
Maryland  refused  to  accede  to  the  articles  of  Confederation,  incon- 
sequence of  having  failed  to  obtain  an  amendment  upon  that  point, 
against  which  course  Virginia  had  remonstrated. 

On  the  25th  November,  1778,  the  act  of  New  Jersey  for  ratify- 
ing the  articles  of  Confederation  was  presented,  in  which  this  and 
other  difficulties  were  referred  to ;  but  their  delegates  were  directed 
to  sign  those  articles,  "  in  the  firm  reliance  that  the  candour  and 
justice  of  the  several  States  will,  in  due  time,  remove  as  far  as 
possible  the  inequality  which  now  subsists." 

The  delegate  from  Delaware  having  signed  the  articles  of  Con- 
federation on  the  22d  February,  1779,  presented  on  the  23d  sundry 


415 

resolutions  passed  by  the  Legislature  of  that  State,  among  which 
were  the  following : 

"  Resolved,  That  this  State  thinks  it  necessary,  for  the  peace  and 
safety  of  the  States  to  be  included  in  the  Union,  that  a  moderate 
extent  of  limits  should  be  assigned  for  such  of  those  States  as 
claim  to  the  Mississippi  or  South  Sea  ;  and  that  the  United  States 
in  Congress  assembled,  should,  and  ought  to  have  the  power  of 
fixing  their  western  limits." 

"Resolved,  That  this  State  consider  themselves  justly  entitled  to 
a  right,  in  common  with  the  members  of  the  Union,  to  that  exten- 
sive tract  of  country  which  lies  westward  of  the  frontiers  of  the 
United  States,  the  property  of  which  was  not  vested  in,  or  granted 
to,  individuals  at  the  commencement  of  the  present  war: — That  the 
same  hath  been,  or  may  be,  gained  from  the  King  of  Great  Britain, 
or  the  native  Indians,  by  the  blood  and  treasure  of  all,  and  ought 
therefore  to  be  a  common  estate,  to  be  granted  out  on  terms  bene- 
ficial to  the  United  States." 

Upon  which  Congress  passed  the  following  resolution  on  the 
said  23d  February,  1779,  eight  States  voting  in  favor,  and  three 
against  the  same,  viz. : 

"  Resolved,  That  the  paper  laid  before  Congress  by  the  delegate 
from  Delaware,  and  read,  be  filed ;  provided,  that  it  shall  never  be 
considered  as  admitting  any  claim  by  the  same  set  up  or  intended 
to  be  set  up." 

On  the  21st  May,  1779,  the  delegates  from  Maryland  laid  before 
Congress  the  following  instructions  received  by  them  : 

Instructions  of  the  General  Assembly  of  Maryland,  to  George  Plater, 
William  Paca,  William  Carmichael,  John  Henry,  James  Forbes,  and 
Daniel  of  St.  Thomas  Jenifer,  esquires. 

Gentlemen: 

Having  conferred  upon  you  a  trust  of  the  highest  nature,  it  is  evident 
we  place  great  confidence  in  your  integrity,  abilities,  and  zeal  to  promote 
the  general  welfare  of  the  United  States,  and  the  particular  interest  ot 
this  State,  where  the  latter  is  not  incompatible  with  the  former;  but,  to 
add  greater  weight  to  your  proceedings  in  Congress,  and  take  away  an 
suspicion  that  the  opinions  you  there  deliver,  and  the  votes  you 
give,  may  be  the  mere  opinions  of  individuals,  and  not  resulting 


416 

from  your  knowledge  of  the  sense  and  deliberate  judgment  of  the 
State  you  represent,  we  think  it  our  duty  to  instruct  as  followeth 
on  the  subject  of  the  Confederation — a  subject  in  which,  unfortu- 
nately, a  supposed  difference  of  interest  has  produced  an  almost  equal 
division  of  sentiments  among  the  several  States  composing  the  Union. 
We  say  a  supposed  difference  of  interests ;  for  if  local  attachments  and 
prejudices,  and  the  avarice  and  ambition  of  individuals,  would  give  way 
to  the  dictates  of  a  sound  policy,  founded  on  the  principles  of  justice, 
(and  no  other  policy  but  what  is  founded  on  those  immutable  principles 
deserves  to  be  called  sound,)  we  flatter  ourselves  this  apparent  diversity 
of  interests  would  soon  vanish,  and  all  the  States  would  confederate  on 
terms  mutually  advantageous  to  all ;  for  they  would  then  perceive  that 
no  other  coni'ederation  than  one  so  formed  can  be  lasting,  Although  the 
pressure  of  immediate  calamities,  the  dread  of  their  continuance  from 
the  appearance  of  disunioh,  and  some  other  peculiar  circumstances,  may 
have  induced  some  States  to  accede  to  the  present  Confederation,  con- 
trary to  their  own  interests  and  judgments,  it  requires  no  great  share  of 
foresight  to  predict,  that,  when  those  causes  cease  to  operate,  the  States 
which  have  thus  acceded  to  the  Confederation  will  consider  it  as  no 
longer  binding,  and  will  eagerly  embrace  the  first  occasion  of  asserting 
their  just  rights,  and  securing  their  independence.  Is  it  possible  that 
those  States  who  are  ambitiously  grasping  at  territories  to  which,  in  our 
judgment,  they  have  not  the  least  shadow  of  exclusive  right,  will  use 
with  greater  moderation  the  increase  of  wealth  and  power  derived  from 
those  territories,  when  acquired,  than  what  they  have  displayed  in  their 
endeavors  to  acquire  them  ?  We  think  not.  We  are  convinced  the 
same  spirit  which  hath  prompted  them  to  insist  on  a  claim  so  extrava- 
gant, so  repugnant  to  every  principle  of  justice,  so  incompatible  with  the 
general  welfare  of  all  the  States,  will  urge  them  on  to  add  oppression  to 
injustice.  If  they  should  not  be  incited  by  a  superiority  of  wealth  and 
strength  to  oppress  by  open  force  their  less  wealthy  and  less  powerful 
neighbors,  yet  depopulation,  and  consequently  the  impoverishment  of 
those  States,  will  necessarily  follow,  which,  by  an  unfair  construction  of 
the  Confederation,  may  be  stripped  of  a  common,  interest,  and  the  com- 
mon benefits  derivable  from  the  western  country.  Suppose,  for  instance, 
Virginia  indisputably  possessed  of  the  extensive  and  fertile  country  to 
which  she  has  set  up  a  claim  :  what  would  be  the  probable  consequences 
to  Maryland  of  such  an  undisturbed  and  undisputed  possession  ?  They 
cannot  escape  the  least  discerning. 

Virginia,  by  selling  on  the  most  moderate  terms  a  small  proportion  ol 
the.  lands  in  question,  would  draw  into  her  treasury  vast  sums  of  money 


417 

and,  in  proportion  to  the  sums  arising  from  such  sales,  would  be  enabled 
to  lessen  her  taxes.  Lands  comparatively  cheap,  and  taxes  compara- 
tively low,  with  the  lands  and  taxes  of  an  adjacent  State,  would  quickly 
dram  the  State  thus  disadvantageously  circumstanced  of  its  most  useful 
inhabitants :  its  wealth,  and  its  consequence  in  the  scale  of  the  confede- 
rated States,  would  sink,  of  course.  A  claim  so  injurious  to  more  than 
one-half,  if  not  to  the  whole  of  the  United  States,  ought  to  be  supported  by 
the  clearest  evidence  of  the  right.  Yet  what  evidences  of  that  right  have 
been  produced  ?  What  arguments  alleged  in  support  either  of  the  evidence 
or  the  right  ?  None  that  we  have  heard  of  deserving  a  serious  refutation. 
It  has  been  said,  that  some  of  the  delegates  of  a  neighboring  State 
have  declared  their  opinion  of  the  impracticability  of  governing  the  ex- 
tensive dominion  claimed  by  that  State.  Hence  also  the  necessity  was 
admitted  of  dividing  its  territory,  and  erecting  a  new  State,  under  the 
auspices  and  direction  of  the  elder,  from  whom,  no  doubt,  it  would  re 
ceive  its  form  of  government,  to  whom  it  would  be  bound  by  some  alii 
ance  or  confederacy,  and  by  whose  councils  it  would  be  influenced.  Such 
a  measure,  if  ever  attempted,  woa'd  certainly  be  opposed  by  the  other 
States  as  inconsistent  with  the  letter  and  spirit  of  the  proposed  Confede- 
ration. Should  it  take  place  by  establishing  a  sub-confederacy,  impe- 
rium  in  imperio,  the  State  possessed  of  this  extensive  dominion  must 
then  either  submit  to  all  the  inconveniences  of  an  overgrown  and  un- 
wieldy government,  or  suffer  the  authority  of  Congress  to  interpose,  at  a 
future  time,  and  to  lop  off  a  part  of  its  territory,  to  be  erected  into  a  new 
and  free  State,  and  admitted  into  a  confederation  on  such  conditions  as 
shall  be  settled  by  nine  States.  If  it  is  necessary,  for  the  happiness  and 
tranquillity  of  a  State  thus  overgrown,  that  Congress  should  hereafter 
interfere  and  divide  its  territory,  why  is  the  claim  to  that  territory  now 
made,  and  so  pertinaciously  insisted  on  ?  We  can  suggest  to  ourselves 
but  two  motives:  either  the  declaration  of  relinquishing,  at  some  future 
period,  a  proportion  of  the  country  now  contended  for,  was  made  to  lull 
suspicion  asleep,  and  to  cover  the  designs  of  a  secret  ambition,  or,  if  the 
thought  was  seriously  entertained?  the  lands  are  now  claimed  to  reap  au 
immediate  profit  from  the  sale.  We  are  convinced,  policy  and  justice  re- 
quire that  a  country  unsettled  at  the  commencement  of  this  war, 
claimed  by  the  British  crown,  and  ceded  to  it  by  the  treaty  of  Paris,  if 
wrested  from  the  common  enemy  by  the  blood  and  treasure  of  the  thir- 
teen States,  should  be  considered  as  a  common  property,  subject  to  be 
parcelled  out  by  Congress  into  free,  convenient,  and  independent  govern- 
ments, in  such  manner  and  at  such  times  as  the  wisdom  of  that  assembly 
shall  hereafter  direct. 


418 

Thus  convinced,  we  should  betray  the  trust  reposed  in  us  by  our  con- 
stituents, were  we  to  authorize  you  to  ratify  on  their  behalf  the  Confede- 
ration, unless  it  be  farther  explained.  We  have  coolly  and  dispassion- 
ately considered  the  subject ;  we  have  weighed  probable  inconveniences 
and  hardships,  against  the  sacrifice  of  just  and  essential  rights;  and  <io 
instruct  you  not  to  agree  to  the  Confederation,  unless  an  article  or  articles 
be  added  thereto  in  conformity  with  our  declaration.  Should  we  succeed 
in  obtaining  such  article  or  articles,  then  you  are  hereby  fully  empowered 
to  accede  to  the  Confederation. 

That  these  our  sentiments  respecting  our  Confederation  may  be  more 
publicly  known,  and  more  explicitly  and  concisely  declared,  we  have 
drawn  up  the  annexed  declaration,  which  we  instruct  you  to  lay  before 
Congress,  to  have  it  printed,  and  to  deliver  to  each  of  the  delegates  of 
the  other  States  in  Congress  assembled,  copies  thereof,  signed  by  your- 
selves, or  by  such  of  you  as  may  be  present  at  the  time  of  delivery ;  to 
the  intent  and  purpose  that  the  copies  aforesaid  may  be  communicated  to 
our  brethren  of  the  United  States,  and  the  contents  of  the  said  declara- 
tion taken  into  their  serious  and  candid  consideration. 

Also  we  desire  and  instruct  you  to  move,  at  a  proper  time,  that  these 
instructions  be  read  to  Congress  by  their  secretary,  and  entered  on  the 
journals  of  Congress. 

We  have  spoken  with  freedom,  as  becomes  freemen ;  and  we  sin- 
cerely wish  that  these  our  representations  may  make  such  an  impression 
on  that  assembly  as  to  induce  them  to  make  such  addition  to  the  Articles 
of  Confederation  as  may  bring  about  a  permanent  union. 

A  true  copy  from  the  proceeding  of  December  15,  1778. 

Test :  T.  DUCKETT,  C.  H.  D. 

On  the  30th  October,  1779,  Congress,  by  a  vote  of  eight  States 
to  three,  and  one  being  divided,  passed  the  following : 

Whereas  the  appropriation  of  vacant  lands  by  the  several  States, 
during  the  continuance  of  the  war,  will,  in  the  opinion  of  Con- 
gress, be  attended  with  great  mischiefs  :  therefore, 

Resolved,  That  it  be  earnestly  recommended  to  the  State  of  Vir- 
ginia to  reconsider  their  late  act  of  Assembly  for  opening  their  land 
office ;  and  that  it  be  recommended  to  the  said  State,  and  all  other 
States  similarly  circumstanced,  to  forbear  settling  or  issuing  war- 
rants for  unappropriated  lands,  or  granting  the  same  during  the  con 
tinuance  of  the  present  war. 

On  the  7th  March,  1780,  the  delegates  from  New  York  presented 


419 

the  following  act,  (which  was  fully  carried  into  effect  by  said  dele- 
gates in  Congress  on  1st  March,  1781  :) 

AN  ACT  to  facilitate  the  completion  of  the  Articles  of  Confederation 
and  perpetual  Union  among  the  United  States  of  America. 

Whereas  nothing  under  divine  Providence  can  more  effectually  con- 
tribute to  the  tranquillity  and  safety  of  the  United  States  of  America 
than  a  federal  alliance,  on  such  liberal  principles  as  will  give  satisfaction 
to  its  respective  members :  And  whereas  the  Articles  of  Confederation 
and  perpetual  Union  recommended  by  the  honorable  the  Congress  of  the 
United  States  of  America  have  not  proved  acceptable  to  all  the  States, 
it  having  been  conceived  that  a  portion  of  the  waste  and  uncultivated 
territory  within  the  limits  or  claims  of  certain  States  ought  to  be  appro- 
priated as  a  common  fund  for  the  expenses  of  the  war :  And  the  people 
of  the  State  of  New  York  being  on  all  occasions  disposed  to  manifest 
their  regard  for  their  sister  States,  and  their  earnest  desire  to  promote 
the  general  interest  and  security,  and  more  especially  to  accelerate  the 
federal  alliance,  by  removing,  as  far  as  it  depends  upon  them,  the  before- 
mentioned  impediment  to  its  final  accomplishment  : 

Be  it  therefore  enacted,  b>  the  people  of  the  State  of  New  York,  re- 
presented in  Senate  and  Assembly,  and  it  is  hereby  enacted,  by  the  au- 
thority of  the  same,  That  it  shall  and  may  be  lawful  to  and  for  the  dele- 
gates of  this  State  in  the  honorable  Congress  of  the  United  States  of 
America,  or  the  major  part  of  such  of  them  as  shall  be  assembled  in^ 
Congress,  and  they,  the  said  delegates,  or  a  major  part  of  them,  so  as- 
sembled, ate  hereby  fully  authorized  and  empowered,  for  and  on  behalf 
of  this  State,  and  by  propel  and  authentic  acts  or  instruments,  to  limit 
and  restrict  the  boundaries  of  this  State,  in  the  western  parts  thereof, 
by  such  line  or  lines,  and  in  such  manner  and  form,  as  they  shall  judge 
to  be  expedient,  either  with  respect  to  the  jurisdiction,  as  well  as  the 
right  or  pre-emption  of  soil,  or  reserving  the  jurisdiction  in  part,  or  in 
the  whole,  over  the  lands  which  may  be  ceded,  or  relinquished,  with  re- 
spect only  to  the  right  or  pre-emption  of  the  soil. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  terri- 
tory which  may  be  ceded  or  relinquished  by  virtue  of  this  act,  either 
with  respect  to  the  jurisdiction,  as  well  as  the  right  or  pre-emption  of 
soil,  or  the  right  or  pre-emption  of  soil  only,  shall  be  and  enure  for  the 
use  and  benefit  of  such  of  the  United  States  as  shall  become  members 
of  the  federal  alliance  of  the  said  States,  and  for  no  other  use  or  purpose 
whatever. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  all  the 


420 

lands  to  be  ceded  and  relinquished  by  virtue  of  this  act,  for  the  benefit 
of  the  United  States,  with  respect  to  property,  but  which  shall  neverthe- 
less remain  under  the  jurisdiction  of  this  State,  shall  be  disposed  of  and 
appropriated  in  such  manner  only  as  the  Congress  of  the  said  States 
shall  direct ;  and  that  a  warrant  under  the  authority  of  Congress  for  sur- 
veying and  laying  out  any  part  thereof,  shall  entitle  the  party  in  whose 
favor  it  shall  issue  to  cause  the  same  to  be  surveyed  and  laid  out  and  re- 
turned, according  to  the  directions  of  such  warrant ;  and  thereupon  let- 
ters patent,  under  the  great  seal  of  this  State,  shall  pass  to  the  grantee 
for  the  estate  specified  in  the  said  warrant ;  for  which  no  other  fee  or  re- 
ward shall  be  demanded  or  received  than  such  as  shall  be  allowed  by 
Congress. 

Provided  always,  and  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  trust  reposed  by  virtue  of  this  act  shall  not  be  executed  by  the 
delegates  of  this  State,  unless  at  least  three  of  the  said  delegates  shall 
be  present  in  Congress. 

STATE  OF  NEW  YORK,  ss. 

I  do  hereby  certify  that  the  aforegoing  is  a  true  copy  of  the  original 
act  passed  the  19th  of  February,  1780,  and  lodged  in  the  secretary's 
office. 

ROBERT  HARPUR,  Deputy  Sec 'y  of  State. 

In  view  of  the  premises,  the  following  proceedings 
look  place : 

IN  CONGRESS  OF  THE  CONFEDERATION. 
WEDNESDAY,  SEPTEMBER  6,  1780. 

Congress  took  into  consideration  the  report  of  the  committee  to 
whom  were  referred  the  instructions  of  the  General  Assembly  of  Mary- 
land to  their  delegates  in  Congress,  respecting  the  Articles  of  Confede- 
ra'ion,  and  the  declaration  therein  referred  to ;  the  act  of  the  Legislature 
of  New  York  on  the  same  subject,  and  the  remonstrance  of  the  General 
Assembly  of  Virginia ;  which  report  was  agreed  to,  and  is  in  the  words 
following :  • 

That  having  duly  considered  the  several  matters  to  them  submitted, 
they  conceive  it  unnecessary  to  examine  into  the  merits  or  policy  of  the 
*  instructions  or  declarations  of  the  General  Assembly  of  Maryland,  or  of 
the  remonstrance  of  the  General  Assembly  of  Virginia,  as  they  involve 
questions,  a  discussion  of  which  was  declined,  on  mature  consideration, 
when  the  Articles  of  Confederation  wece  debated ;  nor  in  the  opinion 


421 

of  the  committee,  can  such  questions  be  now  revived  with  any  prospect 
of  conciliation ;  that  it  appears  more  advisable  to  press  upon  those  states 
which  can  remove  the  embarrassments  respecting  the  western  country, 
a  liberal  surrender  of  a  portion  of  their  territorial  claims,  since  they  can- 
not be  preserved  entire  without  endangering  the  stability  of  the  general 
confederacy ;  to  remind  them  how  indispensably  necessary  it  is  to 
establish  the  Federal  Union  on  a  fixed  -and  permanent  basis,  and  on 
principles  acceptable  to  all  its  respective  members ;  how  essential  to 
public  credit  and  confidence,  to  the  support  of  our  army,  to  the  vigor  of 
our  councils,  and  success  of  our  measures ;  to  our  tranquillity  at  home, 
our  reputation  abroad,  to  our  very  existence  as  a  free,  sovereign,-  and 
independent  people  ;  that  they  are  fully  persuaded  the  wisdom  of  the 
respective  legislatures  will  lead  them  to  a  full  and  impartial  considera- 
tion of  a  subject  so  interesting  to  the  United  States,  and  so  necessary  to 
the  happy  establishment  of  the  Federal  Union ;  that  they  are  confirmed 
in  these  expectations  by  a  review  of  the  before-mentioned  act  of  the 
Legislature  of  New  York,  submitted  to  their  consideration ;  that  this 
act  is  expressly  calculated  to  accelerate  the  Federal  Alliance,  by  remov- 
ing, as  far  as  depends  on  that  State,  the  impediment  arising  from  the 
western  country,  and  for  that  purpose  to  yield  up  a  portion  of  territorial 
claim  for  the  general  benefit ;  Whereupon, 

Resolved,  That  copies  of  the  several  papers  referred 
to  the  committee  be  transmitted,  with  a  copy  of  the 
report,  to  the  legislatures  of  the  several  States,  and  that 
it  be  earnestly  recommended  to  those  States,  who  have 
claims  to  the  western  country,  to  pass  such  laws-,  and  give 
their  delegates  in  Congress  such  powers  as  may  effectually 
remove  the  only  obstacle  to  a  final  ratification  of  the  arti- 
cles of  Confederation  ;  and  that  the  Legislature  of  Mary- 
land be  earnestly  requested  to  authorize  the  delegates  in 
Congress  to  subscribe  the  said  articles. 

O 

IN  CONGRESS  OF  THE  CONFEDERATION. 

TUESDAY,  OCTOBER  10,  1780. 

Resolved,  That  the  unappropriated  lands  that  may  be 
ceded  or  relinquished  to  the  United  States,  by  any  parti- 
cular State,  pursuant  to  the  recommendation  of  Congress 


422 

of  the  6th  day  of  September  last,  shall  be  disposed  of  for 
the  common  benefit  of  the  United  States,  and  be  settled 
and  formed  into  distinct  republican  States,  which  shall 
become  members  of  the  Federal  Union,  and  have  the 
same  rights  of  sovereignty,  freedom,  and  independence, 
as  the  other  States :  that  each  State  which  shall  be  so 
formed  shall  contain  a  suitable  extent  of  territory,  not 
less  than  one  hundred  nor  more  than  one  hundred  and 
fifty  miles  square,  or  as  near  thereto  as  circumstances 
will  admit :  that  the  necessary  and  reasonable  expenses 
which  any  particular  State  shall  have  incurred  since  the 
commencement  of  the  present  war,  in  subduing  any 
British  posts,  or  in  maintaining  forts  or  garrisons  within 
and  for  the  defence,  or  in  acquiring  any  part  of  the  terri- 
tory that  may  be  ceded  or  relinquished  to  the  United 
States,  shall  be  reimbursed. 

That  the  said  lands  shall  be  granted  or  settled  at  such 
times,  and  under  such  regulations,  as  shall  hereafter  be 
agreed  on  by  the  United  States,  in  Congress  assembled, 
or  any  nine  or  more  of  them. 

In  pursuance  of  the  recommendation  contained  in  the  resolution  of 
Congress  of  the  6th  September,  1780,  the  following  States  made  cessions 
ot  territory  to  the  United  States  at  the  dates  respectively  stated: — 
The  State  of  New  York,  on  March  1,  1781. 
«  Virginia      «  March  1, 1784. 

"  do.          "  Dec.  30,  1788.     By  this  act  Virginia  agreed  to  change 

the  conditions  of  the  act  of  cession  of  1784  only  so  far  as  to 
ratify  the  5th  article  of  the  compact  or  ordinance  of  1787,  on 
page  420. 

«  Massachusetts,  on  April  19, 1785. 

"  Connecticut       "  September  14,  1786,  confirmed  May  30,  1800. 

«  South  Carolina  "  August  9, 1787. 

«  North  Carolina  "  February  25,  1790. 

«  Georgia  u  April  24,  1802. 


423 

For  these  cessions,  &c.,  and  for  the  convention  between  South  Caro- 
lina and  Georgia,  ot  28th  April,  1787,  see  Bioren  and  Duane's  edition  of 
the  Laws  of  the  United  States,  Vol.  1. 

In  relation  to  the  government  of  the  territory  thus  acquired  by  the 
United  States,  it  may  be  sufficient  to  eay,  that  the  territory  ceded  by 
each  state,  except  Virginia,  was  the  subject  of  separate  legislation  by 
Congress,  (as  mentioned  under  the  head  of  each  of  said  States;-)  first  as 
a  dependent  territory,  and  afterwards  by  being  admitted  into  the  Union 
as  an  independent  member  thereof. 

The  North-western  Territory,  ceded  by  the  Commonwealth  of  Vir- 
ginia, was  the  subject  of  special  legislation  by  the  Congress  of  the  Con- 
federation ;  first,  by  the  passage  of  a  resolution  for  its  government,  on 
the  23d  April,  1784,  and  then  by  the  adoption  of  an  ordinance,  whose 
importance  renders  its  insertion  here  necessary : — 

AN    ORDINANCE  for  the   Government  of  the   Territory  of  the 

United  States,  north-west  of  the  river  Ohio. 

Be  it  ordained  by  the  United  States  in  Congress  assembled,  That  the 
said  territory,  for  the  purposes  of  temporary  government,  be  one  dis- 
trict ;  subject,  however,  to  be  divided  into  two  districts,  as  future  cir- 
cumstances may,  in  the  opinion  of  Congress,  make  it  expedient. 

Be  it  ordained  by  the  authority  aforesaid,  That  the  estates  both  of 
resident  and  non-resident  proprietors  in  the  said  territory,  dying  intes- 
tate, shall  descend  to  and  be  distributed  among  their  children  and  the 
descendants  of  a  deceased  child  in  equal  parts ;  the  descendants  of  a 
deceased  child  or  grandchild  to  take  the  share  of  their  deceased  parent 
in  equal  parts  among  them ;  and  where  there  shall  be  no  children  or 
descendants,  then  in  equal  parts  to  the  next  of  kin,  in  equal  degree ;  and 
among  collaterals,  the  children  of  a  deceased  brother  or  sister  of  the 
intestate  shall  have  in  equal  parts  among  them  their  deceased  parent's 
share ;  and  there  shall  in  no  case  be  a  distinction  between  kindred  of 
the  whole  and  half  blood;  saving  in  all  cases  to  the  widow  of  the  intes- 
tate her  third  part  of  the  real  estate  for  life,  and  one-third  part  of  the 
personal  estate ;  and  this  law  relative  to  descents  and  dower  shall  re- 
main in  full  force  until  altered  by  the  legislature  of  the  district.  And 
until  the  governor  and  judges  shall  adopt  laws  as  hereinafter  mentioned, 
estates  in  the  said  territory  may  be  devised  or  bequeathed  by  wills  in 
writing,  signed  and  sealed  by  him  or  her  in  whom  the  estate  may  be, 
(being  of  full  age,)  and  attested  by  three  witnesses  ;  and  real  estates  may 
be  conveyed  by  lease  and  release,  or  bargain  and  sale,  signed,  sealed, 
and  delivered  by  the  person,  being  of  full  age,  in  whom  the  estate  may 


424 

be,  and  attested  by  two  witnesses,  provided  such  wills  be  duly  proved, 
and  such  conveyances  be  acknowledged,  or  the  execution  thereof  duly 
proved,  and  be  recorded  within  one  year  after  proper  magistrates,  courts, 
and  registers  shall  be  appointed  for  that  purpose ;  and  personal  property 
may  be  transferred  by  delivery,  saving,  however,  to  the  French  and  Ca- 
nadian inhabitants,  and  other  settlers  of  the  Kaskaskies,  Saint  Vincent's, 
and  the  neighboring  villages,  who  have  heretofore  professed  themselves 
citizens  of  Virginia,  their  laws  and  customs  now  in  force  among  them 
relative  to  the  descent  and  conveyance  of  property. 

Be  it  ordained  by  the  authority  aforesaid,  That  there  shall  be  appointed 
from  time  to  time,  by  Congress,  a  governor,  whose  commission  shall 
continue  in  force  for  the  term  of  three  years,  unless  sooner  revoked  by 
Congress ;  he  shall  reside  in  the  district,  and  have  a  freehold  estate 
therein,  in  one  thousand  acres  of  land,  while  in  the  exercise  of  his  office. 

There  shall  be  appointed  from  time  to  time,  by  Congress,  a  secretary, 
whose  commission  shall  continue  in  force  for  four  years,  unless  sooner 
revoked;  he  shall  reside  in  the  district,  and  have  a  freehold  estate 
therein,  in  five  hundred  acres  of  land,  while  in  the  exercise  of  his  office. 
It  shall  be  his  duty  to  keep  and  preserve  the  acts  and  laws  passed  by  the 
legislature,  and  the  public  records  of  the  district,  and  the  proceedings  of 
the  governor  in  his  executive  department,  and  transmit  authentic  copies 
of  such  acts  and  proceedings  every  six  months  to  the  secretary  of  Con- 
gress. There  shall  also  be  appointed  a  court,  to  consist  of  three  judges, 
any  two  of  whom  to  form  a  court,  who  shall  have  a  common-law  juris- 
diction, and  reside  in  the  district,  and  have  each  therein  a  freehold 
estate  in  five  hundred  acres  of  land,  while  in  the  exercise  of  their  offices ; 
and  their  commissions  shall  continue  in  force  during  good  behavior. 

The  governor  and  judges,  or  a  majority  of  them,  shall  adopt  and  pub- 
lish in  the  district  such  laws  of  the  original  States,  criminal  and  civil,  as 
may  be  necessary  and  best  suited  to  the  circumstances  of  the  district, 
and  report  them  to  Congress  from  time  to  time,  which  laws  shall  be  in 
force  in  the  district  until  the  organization  of  the  General  Assembly 
therein,  unless  disapproved  of  by  Congress  ;  but  afterwards,  the  legisla- 
ture shall  have  authority  to  alter  them  as  they  shall  think  fit. 

The  governor,  for  the  time  being,  shall  be  commander-in-chief  of  the 
militia,  appoint  and  commission  all  officers  in  the  same  below  the  rank 
of  general  officers  ;•  all  general  officers  shall  be  appointed  and  commis- 
sioned  by  Congress. 

Previous  to  the  organization  of  the  General  Assembly,  the  governor 
#hall  appoint  such  magistrates  and  other  civil  officers,  in  each  county  or 
township,  as  he  shall  find  necessary  for  the  preservation  of  the  peace  and 


425 

good  order  in  the  same.  After  the  General  Assembly  shall  be  organ- 
ized, the  powers  and  duties  of  magistrates  and  other  civil  officers  shall 
be  regulated  and  denned  by  the  said  Assembly  ;  but  all  magistrates  and 
other  civil  officers,  not  herein  otherwise  directed,  shall,  during  the  con- 
tinuance of  this  temporary  government,  be  appointed  by  the  governor. 

For  the  prevention  of  crimes  and  injuries,  the  laws  to  be  adopted  or 
made  shall  have  force  in  all  parts  of  the  district,  and  for  the  execution 
of  process,  criminal  and  civil,  the  governor  shall  make  proper  divisions 
thereof;  and  he  shall  proceed  from  time  to  time,  as  circumstances  may 
require,  to  lay  out  the  parts  of  the  district  in  which  the  Indian  titlea 
shall  have  been  extinguished  into  counties  and  townships,  subject,  how- 
ever, to  such  alterations  as  may  thereafter  be  made  by  the  legislature. 

So  soon  as  there  shall  be  five  thousand  free  male  inhabitants,  of  full 
age,  in  the  district,  upon  giving  proof  thereof  to  the  governor,  they  shall 
receive  authority,  with  time  and  place,  to  elect  representatives  from 
their  counties  or  townships,  to  represent  them  in  the  General  Assembly; 
provided  that,  for  every  five  hundred  free  male  inhabitants,  there  shall 
be  one  representative,  and  so  on  progressively  with  the  number  of  free 
male  inhabitants  shall  the  right  of  representation  increase,  until  the 
number  of  representatives  shall  amount  to  twenty-five,  after  which  the 
number  and  proportion  of  representatives  shall  be  regulated  by  the  legis- 
lature ;  provided  that  no  person  be  eligible  or  qualified  to  act  as  a  repre- 
sentative unless  he  shall  have  been  a  citizen  of  one  of  the  United  States 
three  years,  and  be  a  resident  in  the  district,  or  unless  he  shall  have 
resided  in  the  district  three  years,  and  in  either  case  shall  likewise  hold 
in  his  own  right,  in  fee-simple,  two  hundred  acres  of  land  within  the 
same:  Provided  also,  that  a  freehold  in  fifty  acres  of  land  in  the  district, 
having  been  a  citizen  of  one  of  the  States,  and  being  resident  in  the  dis- 
trict, or  the  like  freehold  and  two  years'  residence  in  the  district,  shall 
be  necessary  to  qualify  a  man  as  an  elector  of  a  representative. 

The  representatives  thus  elected  shall  serve  for  the  term  of  two  years, 
and,  in  case  of  the  death  of  a  representative,  or  removal  from  office, 
the  governor  shall  issue  a  writ  to  the  county  or  township  for  which  he 
was  a  member  to  elect  another  in  his  stead,  to  serve  for  the  residue  of 
the  term. 

The  General  Assembly,  or  Legislature,  shall  consist  of  the  governor, 
legislative  council,  and  a  house  of  representatives.  The  legislative 
council  shall  consist  of  five  members,  to  continue  in  office  five  years, 
unless  sooner  removed  by  Congress,  any  three  of  whom  to  be  a  quorum, 
and  the  members  of  the  council  shall  be  nominated  and  appointed  in  the 
following  manner,  to  wit :  As  soon  as  representatives  shall  be  elected, 


426 

the  governor  shall  appoint  a  time  and  place  for  them  to  meet  together, 
and,  when  met,  they  shall  nominate  ten  persons,  residents  in  the  district, 
and  each  possessed  of  a  freehold  in  five  hundred  acres  ofland,  and  return 
their  names  to  Congress  ;  five  of  whom  Congress  shall  appoint  and  com- 
mission to  serve  as  aforesaid ;  and  whenever  a  vacancy  shall  happen  in 
the  council,  by  death  or  removal  from  office,  the  house  of  representatives 
shall  nominate  two  persons,  qualified  as  aforesaid,  for  each  vacancy,  and 
return  their  names  to  Congress ;  one  of  whom  Congress  shall  appoint 
and  commission  for  the  residue  of  the  term ;  and  every  five  years,  four 
months  at  least  before  the  expiration  of  the  time  of  service  of  the  mem- 
bers of  council,  the  said  house  shall  nominate  ten  persons,  qualified  as 
aforesaid,  and  return  their  names  to  Congress,  five  of  whom  Congress 
shall  appoint  and  commission  to  serve  as  members  of  the  council  five 
years,  unless  sooner  removed.  And  the  governor,  legislative  council, 
and  house  of  representatives,  shall  have  authority  to  make  laws,  in  all 
cases,  for  the  good  government  of  the  district,  not  repugnant  to  the 
principles  and  articles  in  this  ordinance  established  and  declared.  And 
all  bills,  having  passed  by  a  majority  in  the  house,  and  by  a  majority  in 
the  council,  shall  be  referred  to  the  governor  for  his  assent :  but  no  bill 
or  legislative  act  whatever,  shall  be  of  any  force  without  his  assent. 
The  governor  shall  have  power  to  convene,  prorogue,  and  dissolve  the 
General  Assembly,  when  in  his  opinion  it  shall  be  expedient. 

The  governor,  judges,  legislative  council,  secretary,  and  such  other 
officers  as  Congress  shall  appoint  in  the  district,  shall  take  an  oath  or 
affirmation  of  fidelity,  and  of  office ;  the  governor  before  the  president 
of  Congress,  and  all  other  officers  before  the  governor.  As  soon  as  a 
legislature  shall  be  formed  in  the  district,  the  council  and  house  assem- 
bled, in  one  room,  shall  have  authority,  by  joint  ballot,  to  elect  a  dele- 
gate to  Congress,  who  shall  have  a  seat  in  Congress,  with  a  right  of  de- 
bating, but  not  of  voting  during  this  temporary  government. 

And  for  extending  the  fundamental  principles  of  civil  and  religious 
liberty,  which  form  the  basis  whereon  these  republics,  their  laws,  and 
constitutions  are  erected ;  to  fix  and  establish  those  principles  as  the 
basis  of  all  laws,  constitutions,  and  governments,  which  for  ever  here- 
after shall  be  formed  in  the  said  territory ;  to  provide,  also,  for  the  esta- 
blishment of  States,  and  permanent  government  therein,  and  for  their 
admission  to  a  share  in  the  federal  councils  on  an  equal  footing  with 
the  original  States,  at  as  early  periods  as  may  be  consistent  with 
the  general  interest : 

It  is  hereby  ordained  and  declared,  by  the  authority  aforesaid,  That  the 
following  articles  shall  be  considered  as  articles  of  compact,  between  the 


427 

original  States  and  the  people  and  States  in  the  said  territory,  and  for 
ever  remain  unalterable,  unless  by  common  consent,  to  wit : 

ART.  1.  No  person,  demeaning  himself  in  a  peaceable  and  orderly 
manner,  shall  ever  be  molested  on  account  of  his  mode  of  worship  or 
religious  sentiments,  in  the  said  territory. 

ART.  2.  The  inhabitants  of  the  said  territory  shall  always  be  entitled 
to  the  benefits  of  the  writ  of  habeas  corpus,  and  of  the  trial  by  jury; 
of  a  proportionate  representation  of  the  people  in  the  legislature,  and 
of  judicial  proceedings  according  to  the  course  of  the  common  law.  All 
persons  shall  be  bailable,  unless  for  capital  offences,  where  the  proof  shall 
be  evident,  or  the  presumption  great.  All  fines  shall  be  moderate,  and  no 
cruel  or  unusual  punishments  shall  be  inflicted.  No  man  shall  be  de- 
prived of  his  liberty  or  property,  but  by  the  judgment  of  his  peers,  or 
the  law  of  the  land,  and  should  the  public  exigencies  make  it  necessary, 
for  the  common  preservation,  to  take  any  person's  property,  or  to  de- 
mand his  particular  services,  full  compensation  shall  be  made  for  the 
same.  And,  in  the  just  preservation  of  rights  and  property,  it  is  under- 
stood and  declared,  that  no  law  ought  ever  to  be  made,  or  have  force  in 
the  said  territory,  that  shall,  in  any  manner  whatever,  interfere  with,  or 
affect  private  contracts  or  engagements,  bona  fide,  and  without  fraud 
previously  formed. 

ART.  3.  Religion,  morality,  and  knowledge,  being  necessary  to  good 
government,  and  the  happiness  of  mankind,  schools  and  the  means  of 
education  shall  for  ever  be  encouraged.  The  utmost  good  faith  shall 
always  be  observed  towards  the  Indians ;  their  lands  and  property  shall 
never  be  taken  from  them  without  their  consent ;  and  in  their  property, 
rights,  and  liberty,  they  never  shall  be  invaded  or  disturbed,  unless  in 
just  and  lawful  wars  authorized  by  Congress;  but  laws  founded  in  jus- 
tice and  humanity  shall,  from  time  to  time,  be  made,  for  preventing 
wrongs  being  done  to  them,  and  for  preserving  peace  and  friendship  with 
them. 

ART.  4.  The  said  territory,  and  the  States  which  may  be  formed 
therein,  shall  for  ever  remain  a  part  of  this  confederacy  of  the  United 
States  of  America,  subject  to  the  Articles  of  Confederation,  and  to  such 
alterations  therein  as  shall  be  constitutionally  made  ;  and  to  all  the  acts 
and  ordinances  of  the  United  States,  in  Congress  assembled,  conformable 
thereto.  The  inhabitants  and  settlers  in  the  said  'erritory  shall  be  sub- 
ject to  pay  a  part  of  the  federal  debts,  contracted  or  *o  be  contracted,  and 
a  proportional  part  of  the  expenses  of  government,  to  be  apportioned  on 
them  by  Congress,  according  to  the  same  common  rule  and  meosure  by 
which  apportionments  thereof  shall  be  made  on  the  other  States ;  and 


428 

the  taxes  for  pr.ying  their  proportion  shall  be  laid  and  levied  by  the  au- 
thority and  direction  of  the  legislatures  of  the  district  or  districts,  or  new 
States,  as  in  the  original  States,  within  the  time  agreed  upon  by  the 
United  States,  in  Congress  assembled.  The  legislatures  of  those  dis- 
tricts, or  new  States,  shall  never  interfere  with  the  primary  disposal  of 
the  soil  by  the  United  States,  in  Congress  assembled,  nor  with  any  regu- 
lations Congress  may  find  necessary,  for  securing  the  title  in  such  soil, 
to  the  bona  fide  purchasers.  No  tax  shall  be  imposed  on  lands,  the  pro- 
perty of  the  United  States;  and  in  no  case  shall  non-resident  proprietors 
be  taxed  higher  than  residents.  The  navigable  waters  leading  into  the 
Mississippi  and  St.  Lawrence,  and  the  carrying  places  between  the 
same,  shall  be  common  highways,  and  for  ever  free,  as  well  to  the  inha- 
bitants of  the  said  territory  as  to  the  citizens  of  the  United  States,  and 
those  of  any  other  States  that  may  be  admitted  into  the  Confederacy, 
without  any  tax,  impost,  or  duty  therefor. 

ART.  5.  There  shall  be  formed  in  the  said  territory,  not  less  than 
three,  nor  more  than  five  States ;  and  the  boundaries  of  the  States,  as 
soon  as  Virginia  shall  alter  her  act  of  cession,  and  consent  to  the  same, 
shall  become  fixed  and  established  as  follows,  to  wit :  the  western  State 
.n  the  said  territory,  shall  be  bounded  by  the  Mississippi,  the  Ohio,  and 
Wabash  rivers ;  a  direct  line  drawn  from  the  Wabash  and  Post  Vincents, 
due  north,  to  the  territorial  line  between  the  United  States  and  Canada; 
ind  by  the  said  territorial  line  to  the  Lake  of  the  Woods  and  Mississippi. 
The  middle  States  shall  be  bounded  by  the  said  direct  line,  the  Wabash, 
Torn  Post  Vincents  to  the  Ohio,  by  the  Ohio,  by  a  direct  line  drawn 
due  north  from  the  mouth  of  the  Great  Miami  to  the  said  territorial  line, 
and  by  the  said  territorial  line.  The  eastern  State  shall  be  bounded  by 
the  last-mentioned  direct  line,  the  Ohio,  Pennsylvania,  and  the  said 
territorial  line :  provided,  however,  and  it  is  further  understood  and  de- 
clared, that  the  boundaries  of  these  three  States  shall  be  subject  so  far 
to  be  altered,  that,  if  Congress  shall  hereafter  find  it  expedient,  they 
shall  have  authority  to  form  one  or  two  States  in  that  part  of  the  said 
territory  which  lies  north  of  an  east  and  west  line  drawn  through  the 
southerly  bend  or  extreme  of  Lake  Michigan.  And  whenever  any  of  the 
said  States  shall  have  sixty  thousand  free  inhabitants  therein,  such  State 
shall  be  admitted,  by  its  delegates,  into  the  Congress  of  the  United 
States,  on  an  equal  footing  with  the  original  States,  in  all  respects  what- 
ever ;  and  shall  be  at  liberty  to  form  a  permanent  constitution  and  State 
government ;  provided  the  constitution  and  government,  so  to  be  form- 
ed, shall  be  republican,  and  in  conformity  to  the  principles  contained  in 
these  articles  •  and,  so  far  as  can  be  consistent  with  the  general  interest 


429 

of  the  Confederacy,  such  admission  shall  be  allowed  at  an  earlier  period, 
and  when  there  may  be  a  less  number  of  free  inhabitants  in  the  State 
than  sixty  thousand. 

ART.  6.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
the  said  territory,  otherwise  than  in  the  punishment  of  crimes,  whereof 
the  party  shall  have  been  duly  convicted  ;  provided,  always,  that  any 
person  escaping  into  the  same,  from  whom  labor  or  service  is  lawfully 
claimed  in  any  one  of  the  original  States,  such  fugitive  may  be  lawfully 
reclaimed,  and  conveyed  to  the  person  claiming  his  or  her  labor  or  ser  • 
vice  as  aibresaid. 

Be  it  ordained  by  the  authority  aforesaid,  That  the  resolutions  of  the 
23d  of  April,  1784,  relative  to  the  subject  of  this  ordinance,  be,  and  the 
same  are  hereby,  repealed,  and  declared  null  and  void. 

Done  by  the  United  .States,  in  Congress  assembled,  the  13th  day  of 
July,  in  the  year  of  our  Lord  1787,  and  of  their  sovereignty  and 
independence  the  12th.  CHARLES  THOMSON,  Sec'y. 

For  a  history  of  this  ordinance  by  Peter  Force,  see  Nat.  Intelligencer,  Aug.  26, 1817. 

LOUISIANA, 

Formed  out  of  part  of  the  territory  ceded  to  the  United  States  by  France,  by 
treaty  of  April  30, 1S03. 

On  October  31,  1803,  an  act  to  enable  the  President  of  the  United  States  to 
take  possession  of  the  territories  ceded  by  France  to  the  United  States,  by  the 
treaty  concluded  at  Paris  on  the  30th  of  April  last,  and  for  the  temporary  govern- 
ment thereof,  was  passed  and  approved. 

Louisiana  was  erected  into  two  territories  by  act  of  Congress,  approved  March 
26. 1804 ;  one  called  the  Territory  of  Orleans,  and  the  other  called  the  District 
of  Louisiana. 

An  act  further  providing  for  the  government  of  the  Orleans  territory,  was  ap- 
proved March  2,  1805,  which  authorized  the  people  to  form  a  constitution  and 
State  government  when  their  number  should  amount  to  60,000. 

A  memorial  of  the  Legislature  of  the  territory  of  Orleans  on  behalf  of  the  in- 
habitants, (see  folio  State  Papers,  "  Miscellaneous,"  vol.  2,  p.  51,)  was  presented  in 
Senate  United  States.  (See  Journal,  March  12,  1S10.) 

An  act  to  enable  the  people  of  the  territory  of  Orleans  to  form  a  constitution 
and  State  government,  &c.,  by  which  that  State  was  allowed  one  Representative 
until  the  next  census,  was  passed  and  approved  February  20, 1811.  The  said  peo- 
ple having,  on  January  22, 1812,  formed  a  constitution  and  State  government,  and 
given  the  State  the  name  of  Louisiana,  in  puisuance  of  the  said  act,  an  act  for 
the  admission  of  the"  State  of  Louisiana  into  the  U-»on,  and  to  extend  the  laws  of 
the  United  States  to  the  said  State,  was  passed  and  approved,  April  8,  1813. 

On  May  22,  1812,  an  act  supplemental  to  the  act  of  April  8,  1S12,  was  ap 
proved. 


430 

INDIANA, 

Formed  out  of  a  part  of  the  North-western  Territory  which  WM  ceded  to  the 
United  Stales  by  Virginia.  (See  remarks  under  ''Ohio.") 

The  territory  established  by  act  of  May  7, 1800. 

The  territory  divided  into  two  separate  governments,  and  that  of  Michigan 
created  by  act  of  January  It,  1805. 

The  territory  again  divided  into  two  separate  governments,  and  that  of  Illinois 
created  by  act  of  February  3, 1809. 

The  Legislature  of  the  territory,  on  behalf  of  the  people,  applied  to  be  enabled 
to  form  a  constitution.  &c.  (See  Journal  of  House  of  Representatives,  December  28, 
1815.  and  January  5, 1816 ;  also  folio  State  Papers,  "  Miscellaneous,"  vol.  2,  p.  277.) 

An  act  to  enable  the  people  of  the  Indiana  territory  to  form  a  constitution  and 
State  government,  &c.,  by  which  that  State  was  allowed  one  Representative,  wa» 
passed  April  19, 1816. 

The  said  people  having,  on  June  29,  1816,  formed  a  constitution,  &c.,  a  joint 
resolution  for  admitting  the  State  of  Indiana  into  the  Union  was  passed  and  ap- 
proved, December  11,  1816. 

The  laws  of  the  United  Slates  extended  to  the  State  of  Indiana,  by  act  of  March 
3,  1817. 

MISSISSIPPI, 

Formed  out  of  a  part  of  the  territory  ceded  to  the  United  States  by  the  comm.s- 
sioners  of  the  State  of  South  Carolina,  on  August  9,  1787,  under  the  act  of  South 
Carolina  of  March  8,  1787,  and  by  those  of  the  State  of  Georgia,  April  24, 1802, 
which  was  ratified  by  the  Legislature  of  Georgia,  on  June  16, 1802.  (For  these 
cessions,  &c.,  and  for  the  convention  between  South  Carolina  and  Georgia  of 
April  28,  1787,  see  Bioren  and  Duane's  edit.  Laws,  vol.  1.  pp.  466, 4G7,  486  to  491.) 

The  government  of  the  territory  established  by  act  of  Congress  of  April  7, 1798. 

Limits  settled  and  government  established  by  act  of  Congress  of  May  10,  1800. 

Territory  on  the  north  added  to  the  Mississippi  territory,  by  act  of  Congress  of 
March  27,  1 S04. 

The  boundaries  enlarged  on  the  south,  by  act  of  Congress  of  May  14, 1812. 

A  joint  resolution  of  Congress  "requesting  the  State  of  Georgia  to  assent  to  the 
formation  of  two  States  of  the  Mississippi  territory,"  was  passed  and  approved, 
June  17.  1812. 

A  motion  was  made  in  House  of  Representatives  of  the  United  States  to  inquire 
into  the  expediency  of  admitting  Mississippi  into  the  Union,  December  28,  1810. 
Reported  on  by  committee,  January  9, 1811.  (Vide  folio  State  Papers,  "  Miscella- 
neous," vol.  2,  p.  129.) 

A  petition  from  the  inhabitants  of  Mississippi,  that  it  be  made  a  Slate,  &c.,  pre- 
sented in  House  of  Representatives,  November  13, 1811.  Reported  on  by  com- 
mittee of  House  of  Representatives,  December  17,  1811.  (Vide  folio  State  Papers, 
"  Miscellaneous,"  vol.  2.  p.  163.) 

Bill  passed  House  of  Representatives.  Report  adverse  in  Senate,  April  17, 
1812,  :uid  bill  postponed.  (Vide  same  book,  p.  182.) 

A  memorial  presented  in  House  of  Representatives,  January  21,  1815-  Re- 
ported on  February  23, 1815.  (Vide  same  book,  p.  274.) 


431 

A  memorial  presented  in  House  of  Representatives,  December  6,  1815.  Re- 
ported on  December  29,  1815.  (Vide  same  book,  p.  276.) 

A  memorial  presented  in  House  of  Representatives,  December  9,  1816.  Re- 
ported on  December  23,  1816.  (Vide  same  book,  p.  407.)  Reported  on  January 
17,  1817.  (Vide  same  book,  p.  416.) 

An  act  to  enable  the  people  of  the  western  part  of  the  Mississippi  territory  to 
form  a  constitution  and  State  government,  &c.,  was  passed  and  approved  on 
March  1, 1817,  by  which  the  State  was  to  have  one  Representative  until  the  next 
census. 

The  said  people  having,  on  August  15,  1817,  formed  a  constitution,  &c.,  a  joint 
resolution  for  the  admission  of  the  State  of  Mississippi  into  the  Union  was  passed 
and  approved,  December  10,  IS  17. 

On  April3,  1818,  an  act  to  provide  for  the  due  execution  of  the  laws  of  the 
United  States  within  the  State  of  Mississippi,  was  approved. 

ILLINOIS, 

Formed  out  of  a  part  of  the  North-western  Territory  which  was  ceded  to  the 
United  States  by  the  State  of  Virginia.  (See  remarks  under  "Ohio.")  (For  pro- 
clamation of  General  Gage  respecting  the  country  of  Illinois,  made  December  30, 
1764,  see  Bioren  and  Duane's  edit.  Laws,  vol.  1,  p.  506.) 

An  act  for  dividing  the  Indiana  territory  into  two  separate  governments,  and 
organizing  the  Illinoisjerritory,  was  passed  and  approved  February  3,  1809. 

An  act  to  amend  the  act  of  April  16,  1814,  extending  the  western  boundary  of 
Illinois  to  the  middle  of  the  Mississippi,  to  include  the  islands  between  the  middle 
and  eastern  margin  of  that  river,  was  passed  and  approved,  February  27, 1815. 

A  memorial  of  the  legislative  council,  to  be  allowed  to  form  a  State  govern- 
ment, &c.,  presented  in  House  of  Representatives,  January  16,  1818. 

An  act  to  enable  the  people  of  the  Illinois  territory  to  form  a  constitution  and 
State  government,  and  authorizing  one  Representative  in  Congress,  &c.,  was 
passed  and  approved  April  18,  1818.  (By  this  act  a  part  of  the  territory  of  Illi- 
nois was  attached  to  the  territory  of  Michigan.) 

The  said  people  having,  on  August  26,  1818,  formed  a  constitution,  &c.,  a  joint 
resolution  declaring  the  admission  of  the  State  of  Illinois  into  the  Union  was 
passed  and  approved.  December  3,  1818. 

An  act  to  provide  for  the  due  execution  of  the  laws  of  the  United  States  within 
the  State  of  Illinois,  was  passed  and  approved  March  3,  1819. 

ALABAMA, 

Formed  out  of  a  part  of  the  territory  ceded  to  the  United  States  by  the  States 
of  South  Carolina  and  Georgia.  (See  remarks  under  the  head  "Mississippi.") 

The  eastern  part  of  Mississippi  territory  made  a  separate  territory,  and  called 
"Alabama,"  by  act  of  Congress,  approved  March  3,  1817. 

A  petition  of  the  legislative  council  of  Alabama  on  behalf  of  the  people,  pray 
ing  to  be  allowed  to  form  a  constitution,  &c.,  presented  in  the  House  of  Repre- 
sentatives, December  7, 1818. 

An  aot  to  enabje  the  people  of  the  Alabama  territory  to  form  a  constitution  and 

40» 


432 

State  government,  Ac.,  authorizing  one  Representative  in  Congress,  was  passed 
and  approved,  March  2,  1819. 

The  said  people  having,  on  August  2,  1S19,  formed  a  constitution,  tec.,  a  joint 
resolution  declaring  the  admission  of  the  State  of  Alabama  into  the  Union  was 
passed  and  approved,  December  14,  1819. 

The  laws  of  the  United  States  were  extended  to  the  State  of  Alabama  by  act 
of  April  21, 1820,  to  establish  a  District  Court,  &c. 

MAINE, 

Formed  out  of  a  part  of  the  territory  of  Massachusetts. 

A  petition  of  a  Convention  on  behalf  of  the  people  of  the  district  of  Maine,  pray- 
ing  to  be  permitted  to  form  a  separate  State,  was  presented  in  the  House  of  Re- 
presentatives of  the  United  States,  December  8,  Isl9. 

A  constitution  adopted  in  Convention,  October  29,  1819. 

An  act  for  the  admission  of  the  State  of  Maine  into  the  Union,  was  passed  and 
oved  March  3,  1820,  in  the  following  words: — 

"Whereas,  by  an  act  of  the  State  of  Massachusetts,  passed  on  the  19th  day  of 
June,  in  the  year  1819,  entitled,  'An  act  relating  to  the  separation  of  the  district 
of  Maine  from  Massachusetts  proper,  and  forming  the  same  into  a  separate  and 
independent  State,'  the  people  of  that  part  of  Massachusetts  heretofore  known  as 
the  district  of  Maine,  did,  with  the  consent  of  the  Legislature  of  said  State  of 
Massachusetts,  form  themselves  into  an  independent  State,  and  did  establish  a 
constitution  for  the  government  of  the  same,  agreeably  to*  the  provisions  of  the 
said  act:  Therefore, 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That,  from  and  after  the  15tli  day  of  March, 
in  the  year  1820,  the  State  of  Maine  is  hereby  declared  to  be  one  of  the 
United  Stales  of  America,  and  admitted  into  the  Union  on  an  equal  footing  with 
the  original  States,  in  all  respects  whatever." 

On  the  7th  April,  1820,  the  following  act  was  passed  and  approved: 
"  AN  ACT  for  apportioning  the  Representatives  in  the  seventeenth  Congress,  to 

be  elected  in  the  Slate  of  Massachusetts  and  Maine,  and  for  other  purposes. 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Statet 
of  America  in  Congress  assembled,  That,  in  the  election  of  Representatives  in  the 
seventeenth  Congress,  the  State  of  Massachusetts  shall  be  entitled  to  choose  thir- 
teen Representatives  only ;  and  the  State  of  Maine  shall  be  entitled  to  choose 
seven  Representatives,  according  to  the  consent  of  the  Legislature  of  said  State 
of  Massachusetts,  for  this  purpose  given,  by  their  resolve  passed  on  the  25th  day 
of  January  last,  and  prior  to  the  admission  of  the  State  of  Maine  into  the  Union. 

"  SKC.  2.  And  be  it  further  enacted,  That,  if  the  seat  of  any  of  the  Representatives 
ji  the  present  Congress,  who  were  elected  in  and  under  the  authority  of  the  State 
of  Massachusetts,  and  who  are  now  inhabitants  of  the  State  of  Maine,  shall  be 
vacated  by  death,  resignation,  or  otherwise,  such  vacancy  shall  be  supplied  by  a 
successor  who  shall,  at  the  time  of  his  election,  be  an  inhabitant  -A  the  State  of 
Maine." 


433 


MISSOURI, 

Was  formed  out  of  part  of  the  territory  ceded  by  France  by  treaty  of  April  30 
1803.  It  was  created  under  the  name  of  the  district  of  Louisiana  by  the  "Act 
erecting  Louisiana  into  two  territories,  and  providing  for  the  temporary  govern 
ment  thereof,"  which  was  approved  March  26,  1804.  By  this  act  the  government 
of  this  district  was  placed  under  the  direction  of  the  Governor  and  judges  of  th» 
Indiana  territory. 

On  the  3d  March,  1805,  an  act  further  providing  for  the  government  of  the  dis 
trict  of  Louisiana  was  approved.  By  this  act  a  separate  government  was  formed, 
under  the  title  of  the  territory  of  Louisiana. 

An  act  providing  for  the  government  of  the  territory  of  Missouri  was  passed 
and  approved  June  4, 1812,  by  which  it  was  provided  "That  the  territory  hereto- 
fore called  Louisiana  shall  hereafter  be  called  Missouri,"  &c. 

An  act  to  alter  certain  parts  of  the  act  providing  for  the  government  of  the  ter- 
Titory  of  Missouri  was  passed  and  approved  April  29,  1816. 

An  act  establishing  a  separate  territorial  government  in  the  southern  part  of  the 
territory  of  Missouri,  to  be  called  Arkansas  territory,  was  passed  the  2d  March, 
1819. 

A  memorial  of  the  legislative  council  and  House  of  Representatives  of  the  ter- 
ritory of  Missouri,  in  the  name  and  on  behalf  of  the  people,  for  admission  into  the 
Union  as  a  State,  was  presented  in  the  Senate  on  December  29,  1819. 

An  act  to  authorize  the  people  of  the  Missouri  territory  to  form  a  constitution 
and  State  government,  and  for  the  admission  of  such  State  into  the  Union  on  an 
equal  footing  with  the  original  Slates,  and  to  prohibit  slavery  in  certain  territories, 
was  passed  March  6,  1820. 

The  people  having,  on  July  19, 1820,  formed  a  constitution  in  pursuance  of  «aid 
act,  the  same  was  laid  before  Congress  on  November  16,  1820.  Mr.  Lowndes, 
from  the  committee  to  which  it  was  referred,  made  a  report  to  the  House  of  Repre- 
sentatives, November  23, 1820,  accompanied  by  a  "  Resolution  declaring  tlie  admis- 
sion of  the  State  of  Missouri  into  the  Union."  (Vide  folio  State  Papers,  "Miscella- 
neous," vol.  2,  p.  625.) 

The  Senate  passed  a  joint  "  Resolution  declaring  the  admission  of  the  State  of 
Missouri  into  the  Union,"  on  December  12, 1820,  which  was  referred  to  a  select 
committee  in  the  House  of  Representatives,  and  on  February  10,  1821,  Mr.  Clay 
made  a  report.  (Vide  folio  State  Papers  as  above,  p.  655.)  The  House  rejected  the 
resolution  of  the  Senate,  on  February  14, 1821.  On  February  22,  on  motion  of  Mr. 
Clay,  a  committee  on  the  part  of  the  House  was  appointed,  to  join  a  committee  on 
the  part  of  the  Senate,  on  the  subject  of  the  admission  of  Missouri. 

On  February  26,  Mr.  Clay,  from  the  joint  committee,  reported  a  "Resolution 
providing  for  the  admission  of  the  State  of  Missouri  into  the  Union,  on  a  certain 
condition,"  which  resolution  was  passed  and  approved  March  2,  1821.  The  said 
condition  was  accepted  by  the  Legislature  of  Missouri  by  "A  solemn  public  act, 
declaring  the  assent  of  this  State"  to  "  the  fundamental  condition"  contained  in  » 
resolution  passed  by  the  Congress  of  the  United  States,  providing  for  the  admis- 
sion of  the  State  of  Missouri  into  the  Union,  on  a  certain  condition,  which  wa» 
approved  by  the  Governor  on  June  26,  1821. 


On  August  10,  1821,  the  President  of  the  United  States  issued  his  procla- 
mation declaring  the  admission  of  Missouri  complete  according  to  law.  (See  Little 
.V  Brown's  edit.  Laws,  vol.  3,  appendix  2.) 

On  March  10,  1822,  an  act  to  provide  for  the  due  execution  of  the  laws  of  the 
United  States  within  the  State  of  Missouri,  &c.,  was  passed  and  approved. 

ARKANSAS, 

Formed  out  of  part  of  the  territory  ceded  to  the  United  States  by  France,  by 
treaty  of  April  30,  1803.  (See  remarks  under  the  head  of  Missouri.) 

An  act  establishing  a  separate  territorial  government  in  the  southern  part  of  the 
territory  of  Missouri,  was  passed  March  2, 1819,  by  which  it  was  named  Arkansas 

An  act  relative  to  the  Arkansas  territory,  declaring  that  the  act  of  June  4,1812, 
for  the  government  of  Missouri,  as  modified  by  the  act  of  April  29, 1816,  should  be 
in  force  in  Arkansas,  was  passed  April  21, 1820. 

An  act  to  fix  the  western  boundary  line  of  the  territory  of  Arkansas,  and  for 
other  purposes,  was  passed  May  26,  1824. 

An  act  to  run  and  mark  a  line  dividing  Arkansas  from  Louisiana  was  passed 
and  approved  May  19,  1828. 

A  memorial  of  the  inhabitants,  by  a  convention,  praying  that  Arkansas  may  be 
admitted  into  the  Union,  accompanied  by  a  constitution  formed  by  said  conven- 
tion, was  presented  in  the  House  of  Representatives  on  March  1,  1336.  (See 
printed  documents,  House  of  Representatives,  1st  session,  24th  Congress,  vol.  4, 
Nos.  133, 144-5.)  The  proceedings  of  said  convention  were  also  communicated  to 
the  House  of  Representatives  through  the  President  of  the  United  States  on 
March  10, 1836.  (See  said  printed  documents,  vol.  4.  No.  164.) 

"  An  act  for  the  admission  of  the  State  of  Arkansas  into  the  Union,  and  to  pro- 
vide for  the  due  execution  of  the  laws  of  the  United  States  within  the  same,  and 
for  other  purposes,"  was  passed  June  15,  1836,  containing  the  following  pre- 
amble, viz. : 

"  Whereas,  the  people  of  the  territoryof  Arkansas  did, on  the  30th  day  of  Janu- 
ary, in  the  present  year,  by  a  convention  of  delegates  called  and  assembled  for 
that  purpose,  form  for  themselves  a  constitution  and  state  government,  which 
constitution  and  state  government,  so  formed,  is  republican :  And  whereas,  the 
number  of  inhabitants  within  the  said  territory  exceeds  forty-seven  thousand 
seven  hundred  persons,  computed  according  to  the  rule  prescribed  by  the  Consti- 
tution of  the  United  States;  and  the  said  convention  have,  in  their  behalf,  asked 
the  Congress  of  the  United  States  to  admit  the  said  territory  into  the  Union  as  a 
State,  on  an  equal  footing  with  the  original  States." 

Ey  this  act  Arkansas  was  allowed  one  Representative  until  the  next  census, 
and  the  laws  of  the  United  States  were  extended  over  the  same. 

On  June  23,  1836,  an  act  supplemental  to  the  foregoing  act  was  passed  and  ap- 
proved. 

MICHIGAN, 

Formed  out  of  part  of  the  territory  ceded  to  the  United  States  by  the  State  of 
Virginia.  (See  remarks  under  "Ohio.") 

An  act  to  divide  the  Indiana  territory  into  two  separate  governments,  an<* 


435 

establishing  that  of  the  territory  of  Michigan,  was  passed  and  approved  January 
11,  1SC5. 

An  act  to  authorize  the  President  of  the  United  States  to  ascertain  and  de- 
signate certain  boundaries,  was  passed  and  approved  May  20,  1812,  by  which 
the  boundary  between  Ohio  and  Michigan  was  directed  to  be  ascertained  and 
marked. 

By  the  act  of  April  18,  1818,  to  enable  the  people  of  Illinois  to  form  a  constitu- 
tion ami  State  government,  &c.,  a  part  of  that  territory  was  attached  to  the  terri- 
tory of  Michigan. 

An  act  to  amend  the  ordinance  and  acts  of  Congress  for  the  government  of  the 
territory  of  Michigan,  and  for  other  purposes,  was  passed  and  approved  March  3, 
1823. 

An  act  in  addition  to  the  above  act,  passed  and  approved  February  5, 1825. 

An  act  to  provide  for  the  taking  of  certain  observations  preparatory  to  the  ad- 
justment of  the  northern  boundary  line  of  the  State  of  Ohio,  was  passed  and  ap- 
proved July  14,  1832. 

A  memorial  of  the  legislative  council,  praying  that  Michigan  be  admitted  into 
the  Union,  was  presented  in  Senate,  January  25,  1833.  (See  Senate  documents, 
2d  session,  22d  Congress,  vol.  1,  No.  54.)  A  bill  for  that  object  was  reported  in  the 
House  of  Representatives,  on  February  26,  1833. 

A  memorial  for  admission  was  presented  in  House  of  Representatives,  Decem- 
ber 11,  1833,  and  in  Senate,  February  28,  1834.  (See  documents  House  of  Repre- 
sentatives, 1st  session,  23d  Congress,  vol.  3,  No.  168,  vol.  4,  Nos.  245,  302.) 

A  report  was  made  by  a  select  committee  of  the  House  of  Representatives  on 
the  subject  of  boundary,  &c.,  on  March  11,  1834.  (See  reports  of  committees  of 
House  of  Representatives,  1st  session,  23d  Congress,  vol.  3,  No.  334.)  This  report 
was  accompanied  by  a  bill  to  provide  for  taking  a  census  or  enumeration  of  the 
inhabitants  of  the  eastern  division  of  the  territory  of  Michigan,  and  of  the  terri- 
tory of  Arkansas. 

And  on  April  12,  1834,  the  same  committee  reported  a  bill  establishing  the  terri- 
torial government  of  Huron. 

An  act  to  attach  the  territory  of  the  United  States  west  of  the  Mississippi  river, 
and  north  of  the  Slate  of  Missouri,  to  the  territory  of  Michigan,  was  passed  and 
approved  June  28,  1834. 

A  memorial  was  presented  in  the  Senate,  December  23d,  and  House  of  Repre- 
sentatives, December  29,  1834,  for  the  erection  of  "Wisconsin"  into  a  separate 
government.  (See  documents  House  of  Representatives,  2d  session,  23d  Congress, 
vol.  2.  Nos.  34,  47.) 

Resolutions  of  the  legislative  council  of  Michigan,  relative  to  boundary  with 
Ohio,  presented  in  House  of  Representatives,  January  3,  1835.  (See  said  vol.  2, 
No.  53.) 

A  memorial  of  legislative  council  of  Michigan,  relative  to  southern  boundary 
thereof,  presented  in  House  of  Representatives,  March  2, 1835.  (See  snia  docu- 
ments, vol.  5,  No.  183.) 

Two  maps  prepared  under  resolution  House  of  Representatives  of  June  11, 
1834.  (See  said  documents,  vol.  5,  No.  199.) 

Two  messages  to  Congress  by  the  President  of  the  United  States,  with  docu 


menls  relating  to  the  boundaries  and  the  admission  of  Michigan  into  the  Union, 
were  received  on  December  10,  1835.  (See  Senate  documents,  1st  session,  24th 
Congress,  vol.  1,  Nos.  5  and  6.) 

A  message  from  the  President  to  Congress  with  documents  and  map  relating  to 
the  boundary  between  Ohio  and  Michigan,  was  received  January  12,  1830.  (See 
Senate  documents  us  above,  vol.  2,  No.  51.) 

A  report  was  made  by  a  committee  of  the  Senate  on  the  subject  of  the  boundary 
line,  accompanied  by  a  map,  on  March  1, 1836.  (See  Senate  documents  as  above, 
vol.  3,  No.  211.) 

A  report  was  made  by  a  committee  of  the  House  of  Representatives,  on  March 
2,  1836,  on  the  subject  of  admission,  boundary,  &c.,  (communicating  a  large  col- 
lection of  documents  relating  to  the  entire  subject.)  (See  Reports  of  committee*, 
House  of  Representatives,  1st  session,  24th  Congress,  vol.  2,  No.  330.) 

"  An  act  to  establish  the  northern  boundary  line  of  the  State  of  Ohio,  and  to  pro- 
vide for  the  admission  of  the  State  of  Michigan  into  the  Union,  upon  the  conditions 
therein  expressed,"  was  passed  June  15,  1836.  By  this  act  Michigan  was  autho- 
rized to  send  one  Representative  to  Congress,  until  the  next  census.  An  act  sup- 
plementary to  the  said  act  was  passed  June  23,  1836. 

An  act  to  provide  for  the  due  execution  of  the  laws  of  the  United  States  within 
the  State  of  Michigan,  was  passed  July  1,  1836. 

An  act  to  admit  the  State  of  Michigan  into  the  Union,  upon  an  equal  footing 
with  the  original  States,  was  passed  January  36,  1837,  containing  the  fol- 
lowing preamble,  viz. : 

"Whereas,  in  pursrance  of  the  act  of  Congress  of  June  15,  1836,  entitled,  'An 
act  to  establish  the  northern  boundary  of  the  State  of  Ohio,  and  to  provide  for  the 
admission  of  the  State  of  Michigan  into  the  Union  upon  the  conditions  therein  ex- 
pressed,' a  convention  of  Delegates,  elected  by  the  people  of  the  said  State  of 
Michigan,  for  the  sole  purpose  of  giving  their  assent  to  the  boundaries  of  the  said 
Slate  of  Michigan  as  described,  declared,  and  established,  in  and  by  the  said  act, 
did,  on  December  15, 1836,  assent  to  the  provisions  of  said  act,  Therefore, 

"  Ee  it  enacted,  &c.,  That  the  State  of  Michigan  shall  be  one,  and  is  hereby  de- 
clared to  be  one,  of  the  United  States  of  America,  and  admitted  into  the  Union  on 
an  equal  footing  with  the  original  States,  in  all  respects  whatever." 

An  act  to  ascertain  and  designate  the  boundary  line  between  the  State  of  Michi- 
gan and  the  territory  of  Wisconsin,  was  passed  and  approved  June  12,  1833. 

FLORIDA, 

Formed  out  of  the  territory  ceded  by  Spain  to  the  United  States,  by  treaty  of 
February  22,  1819. 

The  boundaries  of  East  and  West  Florida  in  the  hands  of  the  British  government, 
October  7, 1763.  (See  vol.  1,  Laws  United  States,  Bioren  and  Duane's  edit.,  p.  444.) 

The  boundaries  of  West  Florida,  as  changed  by  the  British  government,  June 
«,  1764.  (See  said  volume,  p.  450.) 

A  resolution  and  several  acts  of  Congress  were  passed  to  enable  the  President 
»f  the  United  States  to  take  possession  of  the  Floridas  under  certain  contingen 
cies,  at  the  following  dates,  vi/. : 


437 

A  resolution,  January  15, 1811,  Laws  United  States,  vol.  6,  p.  592. 
An  act,  do.  do.  do.          592. 

An  act,  March  3,  1811.  do.  do.          593. 

An  act,  February  12,  1813,  do.  do.          593. 

An  act  to  authorize  the  President  of  the  United  States  to  take  possession  of  East 
and  West  Florida,  and  establish  a  temporary  government  therein,  was  passed 
March  3,  1S19. 

An  act  for  carrying  into  execution  the  treaty  between  the  United  States  and 
Spain,  concluded  at  Washington,  on  February  22, 1819,  was  passed  March  3, 1821. 

Ratification  of  the  treaty  and  exchange  of  ratifications,  February  22,  1821. 
(haws  United  States,  vol.  6,  p.  631.) 

Copies  of  grants  of  lands  annulled  by  said  treaty.    (Same  vol.  p.  632—37.) 

Articles  of  surrender  of  East  Florida  to  the  United  States  on  July  10,  1821. 
(Same  vol.  p.  638.) 

Article  of  surrender  of  West  Florida  to  the  United  States  on  July  17,  1821. 
(Same  vol.  p.  639.) 

Proclamation  of  General  Jackson  as  governor,  assuming  authority  over  the  said 
territories  in  the  name  of  the  United  States,  July  17,  1821.  (Same  vol.  p.  641.) 

An  act  for  the  establishment  of  a  territorial  government  in  Florida  was  passed 
March  30,  1822. 

An  act  to  amend  "An  act  for  the  establishment  of  a  territorial  government  in 
Florida,"  and  for  other  purposes,  was  passed  March  3, 1823.  By  this  act  East  and 
West  Florida  were  constituted  one  territory. 

An  act  to  amend  the  act  of  March  3, 1823,  was  passed  and  approved  May  26, 
1824. 

An  act  to  authorize  the  President  of  the  United  States  to  run  and  mark  a  line 
dividing  the  territory  of  Florida  from  the  State  of  Georgia,  was  passed  and  ap- 
proved May  4,  1826. 

An  act  to  amend  the  several  acts  for  the  establishment  of  the  territorial  govern- 
ment in  Florida,  was  passed  and  approved  May  15,  1826. 

An  act  relating  to  the  territorial  government  of  Florida,  passed  and  approved 
April  28,  1828. 

An  act  to  ascertain  and  mark  the  line  between  the  State  of  Alabama  and  the 
territory  of  Florida,  and  the  northern  boundary  of  the  State  of  Illinois,  and  for 
other  purposes,  was  passed  March  2,  1831. 

A  memorial  of  the  people  of  Florida,  proceedings  of  a  convention,  constitution, 
&c.,  presented  to  House  of  Representatives,  February  20,  1839.  (See  documents 
House  of  Representatives,  3d  session,  25th  Congress,  vol.  4,  No.  208.) 

A  memorial  of  the  inhabitants  of  St.  Augustine,  in  Florida,  that  a  law  be  passed 
to  organize  a  separate  territorial  government  for  that  part  of  Florida  east  of  the 
Suvvanee  river,  was  presented  in  Senate,  January  10,  1840.  (See  Senate  docu- 
ments, 1st  session,  26th  Congress,  vol.  3,  No.  67.) 

A  memorial  of  the  people  of  Florida  praying  admission  into  the  Union,  wag 
presented  in  Senate,  February  12,  1840. 

A  bill  to  authorize  the  people  of  Middle  and  West  Florida  to  form  a  constitution 
and  State  government,  and  to  provide  for  the  admission  of  said  State  into  the 
Union,  was  reported  in  House  of  Representatives,  March  5.  1840. 


438 

Resolutions  by  the  Senate  of  Florida  adverse  to  the  division  of  that  territory, 
were  presented  in  the  Senate  of  the  United  States,  on  March  6,  1840. 

Resolutions  of  the  Legislature  of  Florida  for  admission  and  against  division, 
were  presented  in  Senate  of  United  States,  March  11,  and  in  House  of  Repre- 
sentatives, March  16,  1840. 

A  bill  for  the  admission  of  Florida  into  the  Union  on  certain  conditions,  and 
a  bill  for  the  division  of  Florida,  and  the  future  admission  of  the  States  of  East 
and  West  Florida,  on  certain  conditions,  were  reported  in  Senate,  July  2,  1840. 

The  memorial  for  admission  and  the  constitution  again  presented  in  House  of 
Representatives,  May  9,  1842.  (See  documents  House  of  Representatives,  2d 
session,  27th  Congress,  vol.  4,  No.  206.) 

Memorials  of  citizens  of  Florida  for  the  admission  of  that  territory  into  the 
Union,  presented  in  the  Senate,  July  15  and  21,  August  10,  13,  15,  17,  and  30, 1842. 

Resolutions  of  the  legislative  council  of  Florida  for  a  division  of  that  Territory 
and  the  formation  of  two  territorial  governments,  were  presented  to  Congress 
March  26,  1844. 

On  June  17,  1844,  the  following  resolution  was  reported  in  the  Senate :  Re- 
solved, That  the  prayer  of  the  memorialists  ought  not  to  be  granted. 

On  same  day,  a  report  adverse  to  a  division  of  the  Territory  was  made.  (See 
reports  of  committee,  House  of  Representatives,  1st  session,  28th  Congress,  vol. 
3,  p.  577.) 

Resolutions  of  the  legislative  council  for  dividing  the  Territory  again  presented 
in  House  of  Representatives,  December  30,  1844. 

A  bill  for  the  admission  of  the  Stales  of  Iowa  and  Florida  into  the  Union  was 
reported  January  7,  1S45. 

Resolutions  of  the  legislative  council  of  Florida,  for  the  admission  of  Florida  at 
the  same  time  with  Iowa,  were  presented  in  House  of  Representatives,  February 
11,  1845.  (See  documents  House  of  Representatives,  2d  session,  28th  Congress, 
vol.  3,  No.  111.) 

An  act  for  the  admission  of  the  States  of  Iowa  and  Florida  into  the  Union  was 
passed  on  March  3,  1  845,  containing  the  following  preamble,  viz. : 

Whereas  the  people  of  the  Territory  of  Iowa  did,  on  the  seventh  day  of  Octo- 
ber, 1844,  by  a  convention  of  delegates  called  and  assembled  for  that  purpose, 
form  for  themselves  a  constitution  and  State  government;  and  whereas  the  people 
of  the  Territory  of  Florida  did,  in  like  manner,  by  their  delegates  on  the  llth 
day  of  January,  1839,  form  for  themselves  a  constitution  and  State  government, 
both  of  which  said  constitutions  are  republican ;  and  said  conventions  having 
asked  the  admission  of  their  respective  Territories  into  the  Union  as  States,  on 
equal  footing  with  the  original  States: 

Be  it  enacted,  ift.,  That  the  States  of  Iowa  and  Florida  be,  and  the  same  are 
hereby,  declared  to  be  States  of  the  United  States  of  America,  and  are  hereby 
admitted  into  the  Union  on  equal  footing  with  the  original  States,  in  all  respects 
whatsoever,  tec. 

"  Sec.  5.  And  be  it  further  enacted,  That  the  said  State  of  Florida  shall  embrace 
the  territories  of  East  and  West  Florida  which,  by  the  treaty  of  amity,  settle- 
ment, and  limits,  between  the  United  States  and  Spain,  on  the  22d  day  of  Febru- 
ary, 1819,  were  ceded  to  the  United  States." 


439 

One  Representative  in  Congress  allowed  to  Florida  until  the  next  census. 

An  act  supplemental  to  the  act  for  the  admission  of  Florida  and  Iowa  into  the 
Union,  and  for  other  purposes,  was  passed  March  3,  1845. 

By  this  act  grants  of  land  were  made  to  Florida,  and  the  laws  of  the  United 
States  were  extended  to  that  State 

Resolutions  of  the  Legislature  of  Florida,  in  relation  to  the  disputed  boundaries 
between  that  State  and  Georgia  and  Alabama,  were  presented  in  the  Senate,  Feb- 
ruary 2,  1846.  (See  Senate  documents,  1st  session,  29th  Congress,  vol.  4,  Nos. 
96  and  133.) 

On  March  4,  1846,  a  bill  respecting  the  settlement  of  the  boundary  line  between 
the  State  of  Florida  and  the  State  of  Georgia,  was  reported  from  the  committee. 

'  TEXAS, 

An  independent  republic,  admitted  into  the  Union  by  the  following  joint  resolu- 
tions and  act  of  Congress : 

A  joint  resolution  for  annexing  Texas  to  the  United  States,  approved  March 
1,  1845. 

JOINT  RESOLUTION  for  annexing  Texas  to  the  United  States. 

Resolved  by  the  Senate  and  House  of  Representative!!  of  the.  United  States  of  America 
in  Congress  assembled,  That  Congress  doth  consent  that  the  territory  properly  in- 
cluded within  and  rightfully  belonging  to  the  Republic  of  Texas  may  be  erected 
into  a  new  State,  to  be  called  the  State  of  Texas,  with  a  republican  form  of  go- 
vernment, to  be  adopted  by  the  people  of  said  republic,  by  deputies  in  convention 
assembled,  with  the  consent  of  the  existing  government,  in  order  that  the  same 
may  be  admitted  as  one  of  the  States  of  this  Union. 

SEC.  2.  And  be  it  further  resolved,  That  the  foregoing  consent  of  Congress  is 
given  upon  the  following  conditions,  and  with  the  following  guarantees,  to  wit: 

FIRST.  Said  State  to  be  formed,  subject  to  the  adjustment  by  this  Government 
of  all  questions  of  boundary  that  may  arise  with  other  governments ;  and  the 
constitution  thereof,  with  the  proper  evidence  of  its  adoption  by  the  people  of 
said  Republic  of  Texas,  shall  be  transmitted  to  the  President  of  the  United  Stales, 
to  be  laid  before  Congress  for  its  final  action,  on  or  before  the  first  day  of  January, 
one  thousand  eight  hundred  and  forty-six. 

SECOND.  Said  State,,  when  admitted  into  the  Union,  after  ceding  to  the  United 
States  all  public  edifices,  fortifications,  barracks,  ports,  and  harbor*,  navy  and 
navy-yards,  docks,  magazines,  arms,  armaments,  and  all  other  property  aud 
means  pertaining  to  the  public  defence  belonging  to  said  Republic  of  Texas, 
shall  retain  all  the  public  funds,  debts,  taxes,  and  dues  of  every  kind,  which  may- 
belong  to  or  be  due  and  owing  said  republic;  and  shall  also  retain  all  the  vacant 
and  unappropriated  lands  lying  within  its  limits,  to  be  applied  to  the  payment  of 
the  debts  and  liabilities  of  said  Republic  of  Texas;  and  the  residue  of  said  lands, 
after  discharging  said  debts  and  liabilities,  to  be  disposed  of  as  said  State  may 
direct,  but  in  no  event  are  said  debts  and  liabilities  to  become  a  charge  upon  tha 
Government  of  the  United  States. 

THIRD.  New  States,  of  convenient  size,  not  exceeding  four  in  number,  in  add.- 
Uon  to  said  State  of  Texas,  and  having  sufficient  population,  may  herearter, 

41 


440 

3ie  consent  of  said  State,  be  formed  out  of  the  territory  thereof,  which  shall  be 
entitled  to  admission  under  the  provisions  of  the  Federal  Constitution.  And  such 
States  as  may  be  formed  out  of  that  portion  of  said  territory  lying  south  of  thirty- 
six  degrees  thirty  minutes  north  latitude,  commonly  known  as  the  Missouri  com- 
promise line,  shall  be  admitted  into  the  Union  with  or  without  slavery,  as  the 
people  of  each  State  asking  admission  may  desire.  And  in  such  State  or  States 
as  shall  be  formed  out  of  said  territory  north  of  said  Missouri  compromise  line, 
slavery,  or  involuntary  servitude,  (except  for  crimes,)  shall  be  prohibited. 

SEC.  3.  And  be  it  further  resolved,  That  if  the  President  of  the  United  States 
shall,  in  his  judgment  and  discretion,  deem  it  most  advisable,  instead  of  proceed- 
ing to  submit  the  foregoing  resolution  to  the  Republic  of  Texas,  as  an  overture  on 
the  part  of  the  United  States,  for  admission,  to  negotiate  with  that  republic ;  then, 

Be  it  resolved,  That  a  State,  to  be  formed  out  of  the  present  Republic  of  Texas, 
with  suitable  extent  and  boundaries,  and  with  two  Representatives  in  Congress, 
until  the  next  apportionment  of  representation,  shall  be  admitted  into  the  Union, 
by  virtue  of  this  act,  on  an  equal  footing  with  the  existing  States,  as  soon  as  the 
terms  and  conditions  of  such  admission,  and  the  cession  of  the  remaining  Texan 
territory  to  the  United  States,  shall  be  agreed  upon  by  the  Governments  of  Texas 
and  the  United  States:  Taa*  the  sum  of  one  hundred  thousand  dollars  be,  and  the 
same  is  hereby,  appropriated  to  defray  the  expenses  of  missions  and  negotia- 
tions, to  agree  upon  the  terms  of  said  admission  and  cession,  either  by  treaty  to 
be  submitted  to  the  Senate,  or  by  articles  to  be  submitted  to  the  two  Houses  of 

Congress,  as  the  President  may  direct. 

Approved  March  1, 1S45. 

A  joint  resolution  for  the  admission  of  the  State  of  Texas  into  the  Union,  ap- 
proved December  29,  1845. 

JOINT  RESOLUTION  for  the  admission  of  the  State  of  Texas  into  the  Union. 

Whereas  the  Congress  of  the  United  States,  by  a  joint  resolution  approved 
March  the  first,  eighteen  hundred  and  forty-five,  did  consent  that  the  territory 
properly  included  within  and  rightfully  belonging  to  the  Republic  of  Texas  might 
be  erected  into  a  new  State,  to  be  called  the  State  of  Texas,  with  a  republican 
form  of  government,  to  be  adopted  by  the  people  of  said  republic,  by  deputies  in 
convention  assembled,  with  the  consent  of  the  existing  government,  in  order  that 
the  same  might  be  admitted  as  one  of  the  States  of  the  Union ;  which  consent  of 
Congress  was  given  upon  certain  conditions  specified  in  the  first  and  second  sec- 
tions of  said  joint  resolution :  and  whereas  the  people  of  the  said  Republic  of 
Texas,  by  deputies  in  convention  assembled,  with  the  consent  of  the  existing  go- 
vernment, did  adopt  a  constitution,  and  erect  a  new  State,  with  a  republican  form 
of  government,  and,  in  the  name  of  the  people  of  Texas,  and  by  their  authority, 
did  ordain  and  declare  that  they  assented  to  and  accepted  the  proposals,  condi- 
tions, and  guarantees  contained  in  said  first  and  second  sections  of  said  resolu- 
tion :  and  whereas  the  said  constitution,  and  the  proper  evidence  of  its  adoption 
by  the  people  of  the  Republic  of  Texas,  have  been  transmitted  to  the  President 
of  the  United  States,  and  laid  before  Congress,  in  conformity  to  the  provisions  of 
•aid  joint  resolution :  Therefore, 

Resolvid  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 


441 

in  Congress  assembled,  That  the  State  of  Texas  shall  be  one,  and  is  hereby  declared 
to  be  one,  of  the  United  States  of  America,  and  admitted  into  the  Union  on  an 
equal  footing  with  the  original  States  in  all  respects  whatever. 

SEC.  2.  And  be  it  further  resolved.  That  until  the  Representatives  in  Congress 
shall  be  apportioned  according  to  an  actual  enumeration  of  the  inhabitants  of  the 
United  States,  the  State  of  Texas  shall  be  entitled  to  choose  two  Representatives. 

Approved  December  29,  18-15. 

An  act  to  extend  the  laws  of  the  United  States  over  the  State  of  Texas,  and  for 
other  purposes,  approved  December  29,  1845,  viz. : 

AN  ACT  to  extend  the  laws  of  the  United  States  over  the  State  of  Texas,  and 
for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That  all  the  laws  of  the  United  States  are  hereby 
declared  to  extend  to  and  over,  and  to  have  full  force  and  effect  within,  the  Sute 
of  Texas,  admitted  at  the  present  session  of  Congress  into  the  Confederacy  and 
Union  of  the  United  States.  Approved  December  29, 1845. 

WISCONSIN. 

[By  act  29tli  May,  1 848,  the  state  of  Wisconsin  was  admitted  into  the  Union. 
Entitled  to  three  Representatives  in  Congress  after  3d  March,  1849.] 

On  December  12,  1832,  a  resolution  passed  in  House  of  Representatives  direct- 
ing a  committee  to  inquire  into  the  expediency  of  creating  a  territorial  govern- 
ment for  Wisconsin  out  of  part  of  Michigan. 

On  December  6, 1832,  the  committee  made  a  report  accompanied  by  a  bill. 
(See  reports  of  committees  House  of  Representatives,  1st  session,  22d  Congress, 
vol.  1.  No.  145.) 

A  memorial  of  the  legislative  council  of  Michigan  for  the  division  of  that  ter- 
ritory, and  that  the  territory  of  Wisconsin  be  established,  was  presented  in  Se- 
nate of  the  United  States,  December  23, 1834.  (See  Senate  documents  2d  session, 
23d  Congress,  vol.  2,  No.  24.) 

On  February  11, 1836,  a  bill  establishing  the  territorial  government  of  Wiscon- 
sin, reported  in  House  of  Representatives. 

On  March  1,  1836,  a  memorial  of  legislative  council  of  Michigan  for  same,  pre- 
sented in  House  of  Representatives.  (See  documents  House  of  Representatives, 
1st  session  24th  Congress,  vol.  4,  No.  153.) 

On  April  20,  1836,  an  act  establishing  the  territorial  government  of  Wisconsin 
was  passed  and  approved. 

On  March  5,  1838,  a  resolution  directing  a  committee  to  inquire  into  the  expe- 
diency of  authorizing  the  territory  of  Wisconsin  to  take  a  census  and  adopt  a 
constitution,  preparatory  to  being  admitted  into  the  Union,  was  passed. 

On  May  11, 1838,  the  said  committee  reported  a  bill  to  enable  the  people  of  East 
Wisconsin  to  form  a  constitution  and  State  government,  and  for  the  admission  of 
such  State  into  the  Union. 

On  June  12,  1838,  an  act  to  divide  the  territory  of  Wisconsin,  and  to  estabh** 
the  territorial  government  of  Iowa,  was  passed  and  approved. 


442 

On  June  12, 1838,  an  act  to  ascertain  and  designate  the  boundary  line  between 
the  State  of  Michigan  and  the  territory  of  Wisconsin,  was  passed  and  approved. 

On  January  28,  1839,  a  memorial  of  the  Legislative  Assembly  of  Wisconsin, 
praying  an  alteration  in  the  southern  boundary  of  that  territory,  was  presented  in 
the  Senate.  (See  Senate  documents,  3d  session,  25th  Congress,  vol.  3,  No.  149.) 

On  March  3,  1839,  an  act  to  alter  and  amend  the  organic  law  of  the  territories 
of  Wisconsin  and  Iowa,  was  passed  and  approved. 

On  May  25,  1840,  the  proceedings  of  a  public  meeting  at  Galena  in  relation  to 
the  southern  boundary  of  Wisconsin  territory,  was  presented  in  the  House  of 
Representatives.  (See  documents  House  of  Representatives,  1st  session.  2Cth 
Congress,  vol.  6,  No.  226.)  (For,  "An  Ordinance  for  the  government  of  the  Ter- 
ritory of  the  United  States,  north-west  of  the  river  Ohio,"  passed  by  the  Congress 
of  the  Confederation,  July  13,  1787.  (See  the  same,  under  the  head  "Ohio.") 

On  February  3,  1841,  a  message  •was  received  in  Senate  from  the  President, 
communicating  the  reports,  maps,  &c.,  relating  to  boundary  line  between  Michigan 
and  Wisconsin.  (See  Senate  documents,  2d  session,  26th  Congress,  vol.  4,  No.  151.) 

On  February  8,  1841,  a  memorial  of  the  Legislative  Assembly  of  Wisconsin, 
that  a  law  defining  the  western  boundary  line  of  said  territory  be  passed,  was 
presented  in  Senate.  (See  Senate  documents  as  above,  vol.  4,  No.  171.) 

On  February  15,  1841,  resolutions  of  the  General  Assembly  of  Michigan  in  re- 
lation to  the  boundary  line  between  that  State  and  the  territory  of  Wisconsin, 
•were  presented  in  the  Senate.  (Sec  Senate  documents,  2d  session,  26th  Congress, 
vol.  4,  No.  186.) 

On  March  19,  1841,  resolutions  of  the  Legislative  Assembly  of  Wisconsin  ter- 
ritory in  relation  to  the  boundary  between  Michigan  and  Wisconsin,  were  pre- 
sented in  House  of  Representatives.  (See  documents  House  of  Representatives, 
2d  session,  27th  Congress,  vol.  3,  No.  147.) 

On  March  20,  1815,  a  resolution  of  the  legislative  council  of  Wisconsin  asking 
that  provision  be  made  for  taking  a  census  and  holding  a  convention  to  form  a 
State  constitution,  was  presented  in  the  Senate. 

On  January  13,  1846,  a  bill  to  enable  the  people  of  Wisconsin  to  form  a  con- 
stitution and  State  government,  was  introduced  on  leave  in  House  of  Repre- 
sentatives. 

On  August  6,  1846,  an  act  to  enable  the  people  of  Wisconsin  territory  to  form  a 
constitution  and  State  government,  and  for  the  admission  of  such  State  into  the 
Union,  was  passed  and  approved.  To  be  entitled  to  two  Representatives  until 
the  next  census,  and  the  laws  of  the  United  States  extended  to  the  same  when 
admitted. 

On  January  21,  1847,  the  constitution  adopted  by  the  people  of  Wisconsin,  the 
census  and  other  documents,  were  presented  in  House  of  Representatives.  (See 
documents  House  of  Representatives,  2d  session,  29th  Congress,  vol.  3,  No.  49.) 

On  March  3, 1847,  an  act  for  the  admission  of  the  State  of  Wisconsin  into  the 
Union,  was  passed  and  approved.  To  be  admitted  on  condition  that  the  constitu- 
tion adopted  on  December  16,  1846,  shall  be  assented  to  by  the  qualified  electors 
of  the  State,  and  as  soon  as  such  assent  shall  be  given,  the  President  of  the  United 
States  shall  announce  the  same  by  proclamation,  and  therefrom  the  admission  of 
Wisconsin  shall  be  considered  as  complete. 


IOWA. 

On  December  19, 1836,  a  resolution  directing  the  committee  on  territories  to 
inquire  into  the  expediency  of  establishing  the  Iowa  territory  out  of  part  of  Wis- 
consin, passed  the  House  of  Representatives. 

On  December  14,  1837,  a  resolution  of  same  tenor  passed  House  of  Representa 
lives. 

On  December  13  and  20,  1837,  memorials  of  the  people  of  Iowa  for  a  division  or 
separation  from  Wisconsin,  was  presented  in  the  Senate. 

On  December  14,  1837,  same  presented  in  House  of  Representatives. 

On  December  13,  1837,  a  memorial  of  the  people  of  Iowa  for  settlement  of 
boundary  with  Missouri,  was  presented  hi  the  Senate. 

On  January  2,  1838,  proceedings  of  Legislature  of  Wisconsin  relative  to 
boundary  line  between  Iowa  and  Missouri,  were  presented  in  the  Senate.  (See 
Senate  documents,  2d  session,  25th  Congress,  vol.  1,  No.  63.) 

On  February  6,  1838,  a  report  was  made  by  committee  of  House  of  Representa- 
tives on  expediency  of  establishing  a  separate  territorial  government  for  Iowa, 
accompanied  by  a  bill. 

On  June  12,  1838,  an  act  to  divide  the  territory  of  Wisconsin,  and  to  establish 
the  territorial  government  of  Iowa,  was  passed  and  approved. 

On  June  18,  1838,  an  act  to  authorize  the  President  of  the  United  States  to  cause 
the  southern  boundary  line  of  the  territory  of  Iowa  to  be  ascertained  and  marked, 
was  passed  and  approved. 

On  January  30,  1839,  a  report  of  the  Secretary  of  State  with  maps,  made  in 
compliance  with  resolutions  of  the  Senate  and  House  of  Representatives,  in  rela- 
tion to  the  southern  boundary  of  the  territory  of  Iowa,  were  received.  (See  docu- 
ments House  of  Representatives,  3d  session,  25th  Congress,  vol.  4,  No.  128.) 

On  March  3,  1839,  an  appropriation  was  made  for  the  survey  of  the  southern 
boundary  of  the  territory  of  Iowa,  of  $969  05. 

On  March  3,  1839,  an  act  to  define  and  establish  the  eastern  boundary  line  of 
the  territory  of  Iowa,  was  passed  and  approved. 

On  March  3,  1839,  an  act  to  alter  and  amend  the  organic  law  of  the  territories 
of  Wisconsin  and  Iowa,  was  passed  and  approved. 

On  December  24.  1839,  a  message  from  the  President,  with  documents  relating 
to  the  disputed  boundary  between  Missouri  and  Iowa,  was  received  in  Senate, 
and  in  the  House  of  Representatives  on  December  27.  (See  Senate  documents, 
1st  session,  26th  Congress,  vol.  1,  No.  4.  House  of  Representatives,  vol.  1,  No.  5.) 

On  December  30, 1839,  additional  documents  on  same  subject  communicated  to 
House  of  Representatives,  and  to  the  Senate  on  January  3,  1840.  (See  Senate 
documents,  1st  session,  26th  Congress,  vol.  2,  No.  35.  House  of  Representatives, 
vol.  2,  No.  36.) 

On  January  9, 1840,  additional  documents  on  same  subject,  communicated  to 
the  Senate. 

On  January  31, 1840,  additional  documents  on  same  subject  were  communicated 
to  the  Senate,  in  compliance  with  two  resolutions  of  the  Senate  of  December  30, 
1839.  (See  Senate  documents,  1st  session,  26th  Congress,  vol.  4,  No.  133.) 

On  January  8,  1840,  a  memorial  of  the  legislative  council  of  Iowa,  praying  ih« 


444 

•ettlement  of  the  disputed  boundary  with  Missouri,  was  presented  in  Senate.  (Sea 
Sen.  docs.,  1st  seg.,  26lh  Cong.,  vol.  2.  No.  53.) 

On  January  9,  1840,  a  doc.  relating  to  same  subject,  presented  in  Senate  by 
Mr.  Benton. 

On  January  10, 1840,  a  representation  by  delegate  from  Iowa  on  same  subject 
presented  in  Senate. 

On  February  4,  1840,  report  made  in  Ho.  of  Reps.,  by  a  committee  on  boundary 
between  Missouri  and  Iowa,  -with  a  bill  to  establish  and  define  the  northern 
boundary  line  of  the  State  of  Missouri.  (See  reps,  of  corams.  of  Ho.  of  Reps.,  1st 
ses.,  26th  Cong.,  vol.  1,  No.  2.) 

On  February  12, 1840,  a  message  from  the  President,  with  additional  documents 
relating  to  disputed  boundary  between  Missouri  and  Iowa.  (See  docs.  Ho.  of 
Reps.,  1st  ses.,  26th  Cong.,  vol.  3,  No.  97.) 

On  March  5,  1840,  a  bill  reported  by  the  committee  on  territories  of  the  Ho. 
of  Reps.,  "to  enable  the  people  of  Iowa  to  form  a  constitution  and  State  govern- 
ment, and  for  the  admission  of  such  State  into  the  Union." 

On  February  11,  1841,  a  bill  for  ascertaining  and  settling  the  southern  boundary 
line  of  the  territory  of  Iowa,  reported  in  Senate. 

On  March  9, 1841,  a  resolution  of  legislative  council  of  Iowa  relative  to  southern 
boundary  line  of  said  territory,  was  presented  in  Ho.  of  Reps. 

On  March  19,  1841,  a  message  from  the  President,  relative  to  boundary  line  be- 
tween Missouri  and  Iowa,  received  in  Ho.  of  Reps.  (See  docs.  Ho.  of  Reps.,  2d 
ges.,  27th  Cong.,  vol.  3,  No.  141.) 

On  May  26,1841,  the  committee  on  territories  of  the  Ho.  of  Reps,  made  a  report, 
with  a  bill,  fixing  the  boundary  line  between  Missouri  and  Iowa,  which  passed 
the  Ho.  of  Reps.  only.  (For  report,  see  reports  Ho.  of  Reps.,  2d  ses.,  27th  Cong., 
vol.  4,  No.  791.) 

On  January  21, 1843,  a  report  made  in  Ho.  of  Reps,  from  committed  on  territo- 
ries, accompanied  by  a  bill  fixing  the  boundary  between  Missouri  and  Iowa.  (For 
report,  see  Reps.  Committees,  Ho.  of  Reps.,  3d  ses.,  27th  Cong.,  vol.  1,  No.  86.) 

On  December  31, 18-12,  a  resolution,  that  report  of  Albert  M.  Lea,  in  reference  to 
the  northern  boundary  of  Missouri;  the  report  of  Capt.  Guion  and  Lieut.  Fremont, 
in  reference  to  the  Des  Moines  river,  and  the  evidence  in  reference  to  the  north- 
ern boundary  of  Missouri,  be  referred  and  printed,  was  passed.  (See  docs.  Ho. 
of  Reps.,  3d  ses.,  27lh  Cong.,  vol.  3,  No.  38.) 

On  December  22,  1843,  an  act  of  the  Legislature  of  Missouri  respecting  the 
boundary  line  with  Iowa  territory,  was  presented  in  Ho.  of  Reps.  (See  docs. 
HoT  of  Reps.,  1st  ses.,  28th  Cong.,  vol.  1,  No.  26.) 

On  February  12,  1844,  a  message  from  the  President,  with  a  memorial  from  the 
Legislative  Assembly  of  Iowa  for  admission  into  the  Union,  was  received  in  Senate. 

On  April  2,  1844,  the  committee  on  territories  of  Ho.  of  Reps,  reported  a  bill  to 
enable  the  people  of  Iowa  to  form  a  constitution  and  State  government,  and  for  the 
admission  of  such  State  into  the  Union. 

On  December  9, 1844,  a  memorial  of  a  convention,  with  copy  of  a  constitution 
adopted  for  the  people  of  Iowa,  asking  admission  into  the  Union,  was  received  in 
Senate,  and  on  12th  December  in  Ho.  of  Reps.  (See  Senate  docs.,  2d  ses.,  28th 
Cong.,  vol.  1,  No.  3,  and  docs.  Ho.  of  Reps.,  vol.  1,  No.  5,  and  vol.  3,  No.  77.) 


445 

On  January  7, 1845,  a  bill  for  the  admission  of  the  States  of  Iowa  and  Florida 
into  the  Union,  was  reported  in  Ho.  of  Reps. 

On  February  19,  1845,  a  memorial  of  the  General  Assembly  of  Missouri,  pray- 
ing that  the  southern  boundary  line  of  Iowa  be  made  to  conform  to  the  northern 
boundary  line  of  Missouri,  &c.,  was  presented  in  Senate.  (See  Senate  docs.,  2d 
ses.,  2Sth  Cong.,  vol.  7,  No.  110.) 

On  June  17,  1844,  an  act  respecting  the  northern  boundary  of  the  State  of  Mis- 
souri, was  passed  and  approved. 

On  March  3,  1845,  an  act  for  the  admission  of  the  States  of  Iowa  and  Florida 
into  the  Union,  was  passed  and  approved.  To  this  act  the  assent  of  the  people  of 
Iowa  is  to  be  given,  to  be  announced  by  proclamation  by  the  President,  and  the 
State  then  admitted  without  further  proceedings  on  the  part  of  Congress.  The 
State  to  be  entitled  to  one  Representative  until  the  next  census. 

On  March  3,  1845,  an  act  supplemental  to  the  act  for  the  admission  of  the  States 
of  Iowa  and  Florida  into  the  Union,  was  passed  and  approved.  This  act  extends 
the  laws  of  the  U.  S.  to  the  State  of  Iowa. 

On  December  19,  1845,  a  bill  to  define  the  boundaries  of  the  State  of  Iowa,  and 
to  repeal  so  much  of  the  act  of  March  3d,  1845,  as  relates  to  the  boundaries  of  said 
State,  was  introduced  on  leave  in  Ho.  of  Reps.,  and  referred  to  a  com.  on  territories. 

On  March  27,  1846,  an  amendatory  bill  reported  by  said  committee. 

On  January  9,  1846,  a  joint  resolution  of  the  legislative  council  of  the  territory 
of  Iowa,  relative  to  boundaries  of  the  future  State  of  Iowa,  was  presented  in  Ho. 
of  Reps. 

On  February  5,  184G,  a  memorial  of  a  Convention  of  the  people  of  Missouri  on 
subject  of  the  northern  boundary  of  that  State,  and  the  admission  of  Iowa  into  tha 
Union,  was  presented  in  Ho.  of  Reps.  (See  docs.  Ho.  of  Reps.,  1st  ses.,  29th  Cong., 
vol.  4,  No.  104.) 

On  February  17,  1846,  a  memorial  of  the  Legislature  of  the  territory  of  Iowa 
relative  to  boundary  between  Iowa  and  Missouri,  was  presented  in  Ho.  of  Reps. 
(See  same  docs.,  vol.  4,  No.  126.) 

On  June  10,  in  Senate,  and  July  6,  1846,  in  Ho.  of  Reps.,  copies  of  the  constitu- 
tion of  Iowa  were  presented.  (See  docs.  Ho.  of  Reps.,  1st  ses.,  29th  Cong.,  vol.  7, 
No.  217,  and  docs,  of  Senate,  vol.  8,  No.  384.) 

On  August  4,  1846,  an  act  to  define  the  boundaries  of  the  State  of  Iowa,  and  to 
repeal  so  much  of  the  act  of  March  3,  18-15,  as  relates  to  boundaries  of  Iowa,  was 
passed  and  approved. 

Ou  December  15,  1846,  a  copy  of  the  constitution  adopted  by  the  people  of  Iowa, 
with  a  proclamation  of  the  governor,  &c.,  were  presented  in  Ho.  of  Reps.  (See 
docs.  Ho.  of  Reps.,  2d  ses.,  29th  Cong.,  vol.  2,  No.  16.) 

On  December  28,  184G,  an  act  for  the  admission  of  the  State  of  Iowa  into 
the  Union,  was  passed  and  approved. 

CALIFORNIA. 

Formed  out  of  part  of  the  territory  ceded  to  the  United  States  by  the  Mexican  Re- 
public by  Treaty,  concluded  at  Guadalupe  Hidalgo,  the  2d  February,  1848. 

Bill  (S.  324)  reported  In  Senate  by  Hon.  John  M.  Clayton  from  select  committe'  •*  to 
establish  the  territorial  governments  of  Oregon,  California,  and  New  Mexico,"  1\,  July, 


446 

1848 ;  vide  Senate  Journal,  1  Sess.  30  Congress,  pages  477,  490,  492,  495,  498 — passed 
Senate  503 — 26  July.    Laid  on  the  table  House  of  Representatives,  28  July,  1848. 

Bill  (S.  360)  introduced  by  Hon.  Stephen  A.  Douglass,  "for  the  admission  of  Califor- 
nia into  the  Union  as  a  state,"  11  Dec.,  1848,  and  referred.  Reported  from  committee 
and  not  again  taken  up. 

Bill  (U.  R.  685)  reported  in  House  of  Representatives  by  Hon.  Caleb  B.  Smith,  "to 
establish  the  territorial  government  of  Upper  California,"  20  Dec.  1848,  passed  27  Feb. 
1849.  In  Senate  referred  28  Feb. :  committee  discharged  3  March,  1849,  and  Senate 
refused  to  consider  the  bill. 

The  "Bill  (H.  R.  692)  making  appropriations  for  the  civil  and  diplomatic  expenses 
of  the  government  for  the  year  ending  the  30  June,  1850,  and  for  other  purposes," 
being  under  consideration  in  the  Senate,  the  Hon.  Isaac  P.  Walker  of  Wisconsin,  on 
21  Feb.  1849,  submitted  an  amendment  for  the  regulation  and  government  of  all  the 
territory  acquired  from  the  Mexican  Republic  by  the  treaty  of  2d  Feb.  1848 ;  for  pro- 
ceedings on  which,  vide  Senate  Journal,  2  Sess.  30  Congress,  pages  241,  255,  257,  262, 
264,  277 ;  agreed  to  in  Senate  28  Feb.,  1849.  The  House  of  Representatives  agreed  to 
said  amendment  with  an  amendment.  The  Senate  disagreed  to  said  amendment  of 
the  House  of  Representatives,  and  receded  from  said  amendment  submitted  by  Mr. 
Walker,  3  March,  1849,  page  331.  For  proceedings  of  House  of  Representatives  on 
this  amendment,  vide  Journal  House  of  Representatives,  2d  Sess.  30  Congress,  pages 
600,  601,  637—647,  and  670. 

The  "  Bill  (S.  55)  to  provide  for  the  organization  of  the  territorial  governments  of 
California,  Deseret,  and  New  Mexico,  and  to  enable  the  people  of  Jacinto,  with  the 
consent  of  the  State  of  Texas,  to  form  a  constitution  and  state  government,  and  for 
the  admission  of  such  state  into  the  Union  upon  an  equal  footing  with  the  original 
States  in  all  respects  whatever,"  was  introduced  on  leave,  by  Hon.  Henry  S.  Foote, 
16  Jan,  and  on  22  Jan.,  1850,  referred  to  the  Committee  on  Territories.  Not  reported. 

Resolutions  submitted  by  Hon.  Henry  Clay,  relative  to  California,  &c.,  29  Jan.,  1850, 
Tide  Senate  Journal,  pages  118,  299. 

Resolutions  submitted  by  Hon.  John  Bell,  relative  to  California,  Ac,  28  Feb.  1850, 
vide  Senate  Journal,  pages  184,  299. 

Resolutions  submitted  by  Hon.  Thomas  H.  Benton,  relative  to  California,  Ac.,  18 
April,  1850,  vide  Senate  Journal,  pages  293,  299. 

"  A  Bill  (S.  225)  to  admit  California  as  a  state  into  the  Union,  to  establish  territo- 
rial governments  for  Utah  and  New  Mexico,  and  making  proposals  to  Texas  for  the 
establishment  of  her  western  and  northern  boundaries,"  together  with  a  special 
report  from  the  select  committee,  was  submitted  by  Hon.  Henry  Clay,  8th  May,  1850, 
ride  Senate  Journal,  1  Sess.  31  Congress,  pages  327, 374,  379,  382,  392,  396,  405,  408,  410, 
414,  428,  449,  455,  460,  462,  468,  471,  474,  479,  485,  491,  494,  (Amendment  of  Mr. 
Pearce,  495,)  518 ;  passed  Senate  as  amended,  1  August,  1 850,  being  reduced  to 
"  An  act  to  establish  a  territorial  government  for  Utah."  (See  Utah.) 

"A  Bill  (S.  169)  for  the  admission  of  the  State  of  California  into  the  Union,"  was 
reported  by  Hon.  Stephen  A.  Douglass  from  Committee  on  Territories,  25  March,  1850, 
vide  Senate  Journal,  1  Sess.  31  Congress,  pages  234,  292,  301,  517,  520,  522,  530,  533, 
640.  553,  557,  which  bill  passed  Senate  14  August,  1850 ;  considered  in  House  of  Rep- 
rofe.  tatives,  vide  Journal,  1  Sess.  31  Congress,  pages  1415  to  1424;  passed  House 
of  Representatives  7  Sept.,  and  became  a  law,  9  September,  1850. 


447 

OREGON  TERRITORY. 

The  boundaries  of  this  territory  have  been  determined  by  the  following  treaties 
with  foreign  powers,  viz. : — 

1.  Treaty  with  France,  ceding  Louisiana  to  the  United  States,  of  April  30,  1803. 

2.  Treaty  of  amity,  settlement  and  limits  with  Spain,  of  February  22,  1819. 

3.  Treaty  of  limits  westward  of  the  Rocky  Mountains,  with  Great  Britain,  of  June 
15,  1846. 

A  Bill  (II.  R.  533)  "  to  establish  a  territorial  government  in  Oregon,"  was  reported 
by  lion.  Stephen  A.  Douglass,  House  of  Representatives,  6  Aug.,  1846 ;  passed  that 
House  same  day.  In  Senate  referred  7  Aug.,  reported  8  Aug.,  1846,  with  special  re- 
port, but  not  further  acted  on. 

A  Bill  (S.  41)  "  to  organize  a  territorial  government  in  the  Oregon  Territory,  and  for 
other  purposes,"  was  introduced  on  leave  in  Senate  by  Hon.  Sidney  Breese,  23  Dec, 
1846,  and  referred  to  Committee  on  the  Judiciary,  but  not  reported  therefrom. 

A  Bill  (II.  R.  571)  "  to  establish  the  territorial  government  of  Oregon,"  was  reported 
by  Hon.  Stephen  A.  Douglass,  House  of  Representatives,  23  Dec.,  1846,  passed  that 
House  the  16th  Jan.,  1847.  In  Senate  referred  to  Committee  of  Judiciary,  18  Jan. ;  re- 
ported with  amendments  25  Jan. ;  re-committed  29  Jan.;  reported  with  amendments 
10  Feb. ;  ordered,  That  it  lie  on  the  table,  3d  March,  1847. 

A  Bill  (S.  59)  "  to  establish  the  territorial  government  of  Oregon,"  was  introduced 
on  leave  in  Senate  by  Hon.  Stephen  A.  Douglass,  on  10  Jan.,  1848,  and  after  considera- 
tion by  the  Senate  until  13  July,  1848,  was,  on  motion  of  Hon.  John  M.  Clayton,  referred 
to  a  select  committee.  On  18  July,  Mr.  Clayton  from  said  committee  reported  it  with- 
out amendment,  and  reported  Bill  (S.  324)  "  to  establish  the  territorial  governments 
of  Oregon,  California  and  New  Mexico,"  which  bill  passed  the  Senate  26  July,  1848, 
and  was  laid  on  the  table  in  the  House  of  Representatives  28  July,  1848.  Not  further 
acted  upon. 

A  Bill  (H.  R.  201)  "to  establish  the  territorial  government  of  Oregon,"  was  reported 
from  Committee  on  Territories,  House  of  Representatives,  8  Feb.,  1848,  by  Hon.  Caleb 
B.  Smith,  passed  the  House  of  Representatives  2d  Aug.;  passed  the  Senate  with 
amendments  10  Aug.,  1848,  and  became  a  law  on  the  14-th  August,  1848. 

TERRITORY  OF  MINESOTA. 

Formed  out  of  part  of  territory  ceded  to  the  United  States  by  France  by  Treaty  of 
April  30,  1803. 

A  Bill  (H.  R.  568)  "  establishing  the  territorial  government  of  Minesota,"  was  passed 
by  the  House  of  Representatives  17  Feb.,  and  laid  upon  the  table  in  the  Senate  3d 
March,  1847. 

A  Bill  (S.  152)  "  to  establish  the  territorial  governmentof  Minesota,"  was  introduced 
on  leave  by  Hon.  Stephen  A.  Douglass,  23  Feb.,  1848.  Reported  and  recommitted,  and, 
on  8  Aug.,  1848,  reported  with  amendments.  Not  further  actod  on  at  1  Sess.  30  Con- 
gress. 

Resumed  20  Dec.,  1848,  2  Sess.  30  Congress ;  passed  the  Senate  19  Jan.,  1849 ;  passed 
ITmise  of  Representatives  with  amendments,  28  Feb.,  and  became  a  law,  3d  March, 
1849. 


448 


TERRITORY  OF  NEW  MEXICO. 

Formed  out  of  part  of  the  territory  ceded  to  the  United  States  by  the  Mexican  Re- 
public by  Treaty,  concluded  at  Quadalupe  Hidalgo,  the  2d  February,  1848. 

[For  statement  Qf  propositions  for  forming  a  territorial  government  for  New  Mexico, 
see  under  head  of  "California."] 

A  Bill  (S.  170)  "  to  establish  the  governments  of  Utah  and  New  Mexico,  and  for 
other  purposes,"  was  reported  by  Hon.  Stephen  A.  Douglass,  25  March,  and  passed 
the  Senate  15  Aug.,  1850,  amended  to  "  An  act  to  establish  a  territorial  government 
for  New  Mexico."  [This  bill,  with  the  addition  of  a  new  section,  was  engrafted  on 
Bill  (S.  307)  in  House  of  Representatives.  See  following  statement.] 

In  House  of  Representatives,  28  Aug.,  1850,  the  Bill  (S.  307)  entitled  "An  act  pro- 
posing to  the  State  of  Texas  the  establishment  of  her  northern  and  western  bounda- 
ries, the  relinquishment  by  the  said  state  of  all  territory  claimed  by  her  exterior  to 
said  boundaries,  and  of  all  her  claims  upon  the  United  States,"  having  been  under 
consideration  until  5th  Sept.,  1850,  was  then  amended  by  providing  a  territorial  go- 
Tern  ment  for  New  Mexico,  and  on  the  6  Sept.  was  passed,  and  the  title  amended  by 
adding — And  to  establish  a  territorial  government  for  New  Mexico.  The  Senate  con- 
curred in  the  amendments,  and  the  bill  became  a  law  on  the  9th  September, 
1850. 


TERRITORY  OF  UTAH. 

Formed  out  of  part  of  the  territory  ceded  to  the  United  States  by  the  Mexican  Re- 
public by  Treaty,  concluded  at  Quadalupe  Hidalgo,  the  2d  Feb.,  1848. 

[For  statement  of  propositions  for  forming  a  territorial  government  for  Utah,  see 
under  head  of  California  and  New  Mexico.] 

The  Bill  (S.  225)  "to  admit  California  as  a  state  into  the  Union,  to  establish  territo- 
rial governments  for  Utah  and  New  Mexico,  and  making  proposals  to  Texas  for  the 
establishment  of  her  western  and  northern  boundaries,"  was  reported  by  Hon.  Henry 
Clay,  8  May,  and  was  amended  and  passed  the  Senate  1  August ;  being  reduced  to  a 
provision  for,  and  the  title  having  been  amended  to,  "  An  act  to  establish  a  territorial 
government  for  Utah,"  which  bill  passed  the  House  of  Representatives  7  Sept.,  and 
became  a  law  on  the  9th  September,  185O. 


TERRITORY  OF  NEBRASKA. 

Formed  out  of  part  of  the  territory  ceded  to  United  States  by  France  by  Treaty  of 
30  April,  1803. 

A  Bill  (H.  R.  444)  "  to  establish  the  territory  of  Nebraska,"  was  introduced  on  leave 
by  Hon.  Stephen  A.  Douglass,  17  Dec.,  1844,  and  referred.  An  amendatory  bill  reported 
7  Jan.,  1845,  but  no  further  action  thereon, 

A  Bill  (S.  170)  "  to  establish  the  territory  of  Nebraska,"  was  introduced  on  leave  by 
Hon.  Stephen  A.  Douglass,  15  March,  and  referred.  Reported  without  amendment 
20  April,  1818.  Recommitted  20  Dec.,  1818.  Not  reported. 


449 

DISTRICT  OF  COLUMBIA. 

Established  under  the  17th  clause,  8th  section,  1st  article  of  the  Constitution  of  the 
United  States:  "Congress  shall  have  power  to  exercise  exclusive  legislation  in  all 
cases  whatsoever,  over  such  district  (not  exceeding  ten  miles  square)  as  may,  by  ces- 
sion of  particular  States,  and  the  acceptance  of  Congress,  become  the  seat  of  the  Go- 
vernment of  the  United  States,"  &c.  In  pursuance  of  which  provision  the  State  of 
Maryland,  on  December  23,  1788,  passed  "  An  act  to  cede  to  Congress  a  district  of  ten 
miles  square  in  this  state,  for  the  seat  of  the  Government  of  the  United  States." 

And  the  State  of  Virginia,  on  December  3,  1789,  passed  "  An  act  for  the  cession  of 
ten  miles  square,  or  any  lesser  quantity  of  territory  within  this  state,  to  the  United 
States  in  Congress  assembled,  for  the  permanent  seat  of  the  General  Government." 

These  cessions  were  accepted  by  Congress  as  required  by  the  Constitution,  and  the 
permanent  seat  of  government  established  by  the  "Act  for  establishing  the  temporary 
and  permanent  seat  of  the  government  of  the  United  States,"  approved  July  16, 1790 ; 
and  the  act  to  amend  the  same,  approved  March  3,  1791. 

The  district  of  ten  miles  square  was  accordingly  located,  and  its  lines  and  bounda- 
ries particularly  established  by  a  proclamation  of  George  Washington,  President  of 
the  United  States,  on  March  30,  1791,  and  by  the  "  Act  concerning  the  District  of  Co- 
lumbia," approved  February  27,  1801,  Congress  assumed  complete  jurisdiction  over 
the  said  district,  as  contemplated  by  the  framers  of  the  Constitution. 


451 


CHAPTER  11. 

SOURCES  OF  HISTORICAL,  POLITICAL,  STATISTI- 
CAL, AND  OTHER  INFORMATION,  REGARDING 
THE  LEGISLATIVE,  EXECUTIVE,  AND  JUDICIAL 
ACTION  OF  THE  GOVERNMENT  OF  THE  UNITED 
STATES  OF  AMERICA,  IN  POSSESSION  OF  THE 
PUBLIC  OFFICES  AT  THE  SEAT  >OF  GOVERN- 
MENT. 

IN  the  course  of  experience  in  public  business,  it  has  been 
found  that  great  embarrassment  arises  to  persons  entering  into 
public  life  in  obtaining  a  practical  knowledge  of  the  operations  of 
the  Government  from  its  foundation  to  the  period  of  their  entering 
upon  the  arena — which  knowledge  cannot  well  be  dispensed  with 
by  unbelievers  in  the  doctrine  that  statesmanship  comes  by  intuition 
or  inspiration.  They  modestly  approach  the  highly  important  and 
responsible  stations  in  the  legislative  or  executive  branches  of  the 
Government  to  which  the  partiality  of  their  fellow-citizens  has 
called  them,  and  prepare  with  diligence,  however  well  acquainted 
with  the  general  history  of  the  country,  to  qualify  themselves  for 
a  consistent,  intelligent,  and  faithful  discharge  of  duty,  by  a  revi- 
sion of  the  acts  and  proceedings  of  their  predecessors  tending  to 
or  terminating  in  measures  of  state  policy,  which  have  either  been 
confirmed  by  repeated  legislation,  or  remain  open  questions  for  in- 
vestigation and  discussion,  and  by  an  examination  of  the  foreign 
and  domestic  relations,  the  matter  and  form  of  legislative  business 
generally,  and  the  facts  and  minutiae  of  cases  requiring,  by  ap- 
pointment and  a  proper  discharge  of  duty,  particular  attention. 

It  may,  therefore,  not  be  unacceptable  to  citizens  entering  into 
public  life,  or  to  those  who  may  expect  at  some  future  period  to 
tike  part  in  public  affairs,  or  to  those  who  may  desire  to  extend 

their  information  concerning  the  measures,  policy,  and  business 

42 


452 

concerns  of  the  government,  to  be.  furnished  with  references  to  lome 
of  the  sources  and  means  of  acquiring  such  information. 

To  the  uninitiated,  the  accumulated  mass  of  books,  records,  and 
documents,  contained  in  the  public  archives,  is  calculated  to  dampen 
the  ardor,  if  not  to  repulse  the  ordinary  scholar  or  man  of  business 
from  the  attempt  to  fathom  the  depths  of  the  arcana ;  and  the  pre- 
sent effort  of  the  author  and  compiler  to  aid  in  this  undertaking  is 
more  with  the  view  of  essaying  a  treatise  which  by  extension  and 
improvement  may  hereafter  become  a  vade  mecum  to  the  statesman 
and  legislator,  and  subserving  the  public  interest  and  convenience, 
than  with  the  hope  of  effecting  such  object  in  the  present  edition. 

The  design  of  this  undertaking  is  simply  to  refer  to  and  briefly 
describe  the  books,  records,  and  documents  of  a  public  character, 
to  be  found  in  the  public  archives  at  the  Seat  of  Government,  con- 
stituting the  principal  sources  of  political  and  statistical  informa- 
tion. With  a  view  of  preserving  perspicuity  in  the  system,  the 
whole  will  be  arranged  into  classes  and  sections,  as  follows,  viz.: 

CLASS  No.   1. 

THE   COLONIAL   HISTORY  OF   THE   UNITED    STATES,   AND   DOCU- 
MENTARY AND  OTHER  HISTORY  OF  THE  REVOLUTION. 

Sec.  I.  COLONEL  PETER  FORCE'S  AMERICAN  ARCHIVES:  Consisting  of  a 
collection  of  authentic  records,  slate  papers,  debates,  and  letters  and  other  no- 
tices of  public  affairs:  the  whole  forming  A  DOCUMENTARY  HISTORY  of 
the  origin  and  progress  of  the  North  American  Colonies;  of  the  causes  and  ac- 
complishment of  the  American  Revolution;  and  of  the  Constitution  of  Govern- 
ment for  the  United  Slates,  to  the  final  ratification  thereof 

IN   SIX   SERIES. 

First  Series.  From  the  discovery  and  settlement  of  the  North  American  Colo- 
nies to  the  revolution  in  England,  in  1688. 

Sfcond  Series.  From  the  revolution  in  England,  in  1688,  to  the  cession  of  Canada 
to  Great  Britain,  by  treaty  at  Paris,  in  1763. 

Third  Series.  From  the  cession  of  Canada,  in  1763,  to  the  king's  message  to 
Parliament,  of  March  7.  1774,  on  the  proceedings  in  North  America. 

Fourth  Series.  From  the  king's  message  of  March  7,  1774,  to  the  Declaration 
of  Independence  by  the  United  States,  in  1776. 

Fifth  Series.  From  the  Declaration  of  Independence,  in  1776,  to  the  definitive 
treaty  of  peace  with  Great  Britain,  in  1783. 

Sixth.  Series.  From  the  treaty  of  peace,  in  1783,  to  the  final  ratification  of  the 


453 

Constitution  of  Government  for  the  United  States,  proposed  by  the  convention  held 
at  Philadelphia  in  1787. 

[Of  this  work,  the  fourth  series  only,  in  six  volumes,  has  been  completed,  the 
other  parts  being  in  progress  of  execution.] 

This  work  was  authorized  by  the  "Act  making  provision  for  the  publication  of 
the  Documentary  History  of  the  American  Revolution,"  approved  March  2,  1833, 
which  directs  that  it  be  distributed  in  the  same  manner  as  the  American  State 
Papers,  under  the  resolution  of  July  10,  1832.  It  was  further  distributed  by  the 
general  appropriation  act  of  March  3, 1839. 

......  ...        CLASS  No.  2. 

LEGISLATIVE    PROCEEDINGS    AND   ACTS    OF   THE   CONGRESS    OP 

THE    CONFEDERATION,    FROM    THE    COMMENCEMENT    OF   THE 

REVOLUTION  TO  THE  COMMENCEMENT  OF  THE  GOVERNMENT 

UNDER  THE  CONSTITUTION. 

Sec.  1.  THE  PUBLIC  JOURNAL  OF  CONGRESS,  contained  in  4  volumes 
octavo : 

Vol.  1.  From  September  5, 1774,  to  December  31, 1776. 

Vol.  2.  From  January  1, 1777,  to  July  31,  1778. 

Vol.  3.  From  August  1,  1778,  to  March  31, 1782. 

Vol.  4.  From  April  1, 1782,  to  March  3,  1789. 

This  edition  was  published  by  Way  &  Gideon,  in  1823 ;  each  volume  having  a 
separate  index.  The  addresses  to  the  king,  Parliament,  and  people  of  Great 
Britain,  and  other  documents  preceding  and  succeeding  the  commencement  of 
hostilities  and  the  Declaration  of  Independence,  are  contained  in  vol.  1.  The  Ar- 
ticles of  Confederation  are  contained  in  vol.  2.  And  the  Journal  of  the  Committee 
of  the  States  empowered  to  act  for  Congress"  in  the  recess  from  June  4  to  August 
19,  1784 ;  the  powers  to  the  Board  of  Treasury  to  contract  for  the  sale  of  the 
western  territory;  contracts  for  moneys  borrowed  in  Europe;  credentials  of  de- 
puties from  the  States  to  the  convention  that  formed  the  Constitution ;  the  Consti- 
tution; the  ratifications  of  the  Constitution  by  the  conventions  of  the  several 
States, — are  contained  in  vol.  4. 

Sec.  2.  THE  SECRET  JOURNALS  OF  THE  CONGRESS  OF  THE  CON- 
FEDERATION, in  four  volumes : 

Vol.  1.  On  Domestic  Affairs,  from  1774  to  1788;  History  of  the  Confederation. 

Vol.  2.  On  Foreign  Affairs,  from  1774  to  August  16, 1781. 

Vol.  3.  On  Foreign  Affairs,  from  July,  1781,  to  May  15,  1786. 

Vol.  4.  On  Foreign  Affairs,  from  May  17,  1786,  to  September  16, 1788. 

CLASS  No.  3. 

Sec.  1.  THE  JOURNAL,  ACTS,  AND  PROCEEDINGS  OF  THE  CON- 
VENTION WHICH  FORMED  THE  CONSTITUTION  OF  THE  UNITED 
STATES,  FROM  MAY  14  TO  SEPTEMBER  17,  1787:  In  one  volume,  pub 
lished  under  a  resolution  of  Congress  of  March  27,  1818. 

This  volume  contains  the  credentials  of  the  deputies  to  the  Convention,  the  Con 
•titution,  the  ratifications  by  the  State  conventions.  Vn. 


454 

Sec.  2.  THE  CONSTITUTION  OF  THE  UNITED  STATES :  a  critically 
correct  copy  of  which,  together  with  an  analytical  index,  are  the  prominent  ob- 
jects of  this  book.  The  former  will  be  found  at  page  1,  and  the  latter  at  page  37, 
of  this  volume. 

Sec.  3.  THE  DEBATES  IN  THE  CONVENTION  WHICH  FORMED  THE 
CONSTITUTION,  AND  IN  THE  STATE  CONVENTIONS  FOR  THF- 
RATIFICATION  OF  THE  SAME :  In  four  volumes,  published  by  Jonathan 
Elliott: 

Vol.  1  contains  the  Debates  in  Massachusetts  and  New  York 

Vol.  2  contains  the  Debates  in  Virginia. 

Vol.  3  contains  the  Debates  in  North  Carolina  and  Pennsylvania. 

Vol.  4  contains 

1.  Index  to  Journal  of  Federal  Convention. 

2.  Index  to  Secret  Debates  of.  Ditto. 

3.  Index  to  Congressional  Opinions  on  Constitutional  questions,  from  1789  to 
1830. 

4.  Articles  of  Confederation. 

5.  Memoranda  relative  to  drafts  and  plans  in  convention  that  formed  the  Con- 
stitution— names  of  the  Members — their  Credentials — Journal  of  the  Convention, 
&c.  &c. — Edmund  Randolph's  proposition — Charles  Pinckney's  draft — William 
Patterson's  proposition — David  Brereley's  draft — Alexander  Hamilton's  plan — 
James  Madison's  minutes  of  the  proceedings. 

6.  Ratifications  of  the  Constitution  by  the  States,  &c. 

7.  Digest  of  decisions  in  the  courts  of  the  Union  involving  Constitutional  prin- 
ciples. 

8.  Secret  proceedings  of  the  Federal  Convention;  Luther  Martin's  information 
to  Legislature  of  Maryland ;  Robert  Yates'  minutes  and  notes  of  debates,  &c. 

9.  Reasons  of  Robert  Yates,  John  Lansing,  jun.,  and  Edmund  Randolph  for  not 
signing  the  Constitution. 

10.  Opinions  selected  from  debates  in  Congress  involving  Constitutional  prin 
ciples  from  1789  to  1830. 

11.  James  Madison's  letters  on  the  Constitutionality  of  the  Tariff,  in  September 
and  October,  1828. 

12.  Opinions  of  Washington,  Jefferson,  and  Madison  on  the  subject. 

13.  Chart  of  State  constitutions  in  1830. 

Sec  4.  THE  FEDERALIST.  Being  a  collection  of  able  essays  in  explanation 
of  the  prominent  articles  of  the  Constitution,  and  in  vindication  of  its  principles, 
by  Alexander  Hamilton,  John  Jay,  and  James  Madison,  all  over  the  signature  of 
"  Publius,"  and  considered  of  high  authority  in  explanation  and  in  elucidation 
of  that  paramount  law. 

CLASS  No.  4. 
THE   JOURNAL   OF   THE    HOUSE  OF   REPRESENTATIVES  OF  THE 

UNITED  STATES,  FROM  MARCH  4,  1789,  TO  MARCH  3,  1851. 
This  Journal  as  re-printed  by  order  of  the  House  of  Representatives,  from  the 
commencement  to  March  3,  1815,  ia  contained  in  9  volumes  octavo;  each  having 
one  index. 


455 

Ste.  1.  Vol.  1.  From  March  4,  1789,  to  March  2, 1793. 

Vol.  2.  From  December  2,  1793.  to  March  3,  1797. 

Vol.  3.  From  May  15,  1797,  to  March  3, 1801. 

Vol.  4.  From  December  7, 1801,  to  March  27,  1804. 

Vol.  5.  From  November  5,  1804,  to  March  3,  1807. 

Vol.  6.  From  October  26,  1807,  to  March  3,  1809. 

Vol.  7.  From  May  22,  1809,  to  March  3,  1811. 

Vol.  8.  From  November  4,  1811,  to  March  3, 1813. 

Vol.  9.  From  May  24,  1813,  to  March  2,  1815. 

Sec.  2.  This  Journal  from  March  3,  1815,  to  March  3, 1851,  is  contained  in  38 
volumes,  octavo,  being  one  for  each  session.  Each  volume  having  an  index. 

CLASS  No.  5. 

THE   LEGISLATIVE  JOURNAL   OF  THE  SENATE   OF  THE  UNITED 

STATES,  FROM  MARCH  4, 1789,  TO  MARCH  3, 1851. 

This  Journal  as  re-printed  by  order  of  the  Senate,  from  the  commencement  to 
March  3,  1815,  is  contained  in  5  volumes  octavo  : — 

Sec.  1.  Vol.  1.  From  March  4,  1789,  to  March  2,  1793,  containing  5  separate  in- 
dexes to  its  contents. 

Vol.  2.  From  March  4, 1793,  to  March  3,  1799.          do.        7       do. 
Vol.  3.  From  March  4,  1799,  to  March  3,  1S05.          do.        6        do. 
Vol.  4.  From  March  4,  1805,  to  March  3,  1811.          do.        7        do. 
Vol.  5.  From  March  4,  1811,  to  March  3,  1815.          do.        5        do. 
Sec.  2.  This  Journal,  from  March  4,  181 5,  to  March  3,  1851,  is  contained  in  38 
volumes  octavo,  being  one  for  each  Legislative  session.    Each  volume  having  an 
index 

CLASS  No.  6. 

THE  EXECUTIVE  JOURNAL  OF  THE  SENATE,  FROM  MARCH  4,  1789, 

TO  MARCH  3, 1851. 

This  Journal,  from  the  commencement  to  March  3,  1829,  from  all  of  which  the 
injunction  of  secrecy  has  been  removed,  has  been  printed  in  3  volumes  octavo, 
by  order  of  the  Senate.    Each  volume  having  an  index. 
Sec.  1.  Vol.  1.  From  March  4,  1769,  to  March  3,  1805. 
Vol.  2.  From  March  4,  1805,  to  March  3,  1815. 
Vol.  3.  From  March  4, 1815,  to  March  3, 1829. 

Sec.  2.  Those  parts  of  the  Executive  Journal  from  which  the  injunction  of  se- 
crecy has  been  removed,  from  March  4,  1829,  to  March  3,  1851,  will  be  found 
printed  as  an  appendix  to  the  Legislative  Journal  of  the  session  when  the  injunc- 
tion was  removed. 

Sec.  3.  The  Executive  Journal  of  the  Senate  from  March  4,  1829,  to  March  3, 
1?51,  from  which  the  injunction  of  secrecy  has  not  been  removed,  is  contained 
alone  in  manuscript  record-books,  and  is  accessible  only  lo  the  President,  to  tho 
Members,  the  Secretary  and  certain  officers  of  the  Senate.  No  extract  from  lam 
record  can  be  furnished,  except  by  special  order  of  the  Senate. 

42  * 


456 

CLASS  No.  7. 

THE  JOURNAL  OR   RECORD   OF  THE  SENATE   ON   TRIALS  OF   IM- 
PEACHMENT, FROM  MARCH  4,  1789,  TO  MARCH  3,  1851. 

See.  1.  On  the  trial  of  William  Blount,  a  Senator  of  the  United  States,  from  De- 
cember 17,  1798,  to  January  14.  1799. 

Sec.  2.  On  the  trial  of  John  Pickering,  Judge  of  the  New  Hampshire  District, 
from  March  3,  1803,  to  March  12,  1803. 

Sec.  3.  On  the  trial  of  Samuel  Chase,  one  of  the  Associate  Justices  of  the  Su- 
preme Court  of  the  United  States,  from  November  30,  1804,  to  March  1,  1805. 

The  preceding  cases  will  be  found  as  an  appendix  to  the  third  volume  of  the 
Legislative  Journal  of  the  Senate. 

Sec.  4.  On  the  trial  of  James  H.  Peck,  Judge  of  the  Missouri  District,  from  May 
11,  1830,  to  May  25, 1830;  and  from  December,  13,  1830,  to  January  31, 1831. 

The  proceedings  in  this  case  will  be  found  as  an  appendix  to  the  Legislative 
Journal  of  the  Senate  of  1830,  1831. 

THE  LEGISLATIVE  JOURNALS  OF  THE  SENATE  AND  HOUSE  OF  REPRE- 
SENTATIVES, exhibit  the  action  of  Congress  from  the  establishment  of  the 
Government  under  the  Constitution,  in  the  introduction,  progress  and 
enactment  of  the  Laws  of  the  United  States  ;  they  contain  a  record  of 
the  introduction  by  individual  members  of  petitions,  motions  or  resolu- 
tions, and  bills ;  notices  of  the  reports  of  all  committees,  the  names  of 
the  members  voting  on  all  subjects  where  the  yeas  and  nays  are  de- 
manded ;  all  the  messages  from  the  President  of  the  United  States  to 
either  House  of  Congress,  and  the  inaugural  addresses,  from  the  com- 
mencement of  the  Government,  will  be  found  at  length  upon  the  jour- 
nals ;  a  brief  statement  of  the  subject  of  every  report  or  communication 
from  the  several  Executive  Departments  and  Bureaus  is  entered  upon 
the  Journal  of  the  House  to  which  it  may  be  directed ;  acts  and  resolu- 
tions of  the  State  Legislatures  are  entered  upon  the  Journals ;  schedules 
of  the  electoral  votes  for  President  and  Vice  President  are  placed  upon 
the  Journals  of  both  Houses,  and  the  names  of  the  members  with  those 
of  the  States  which  they  represent  are  entered  on  the  Journals  of  the 
respective  Houses  on  the  days  of  their  first  attendance  at  each  session. 

The  volumes  of  Journals  have  indexes  referring  to  the  names  of  peti 
tioners,  members,  States,  Executive  Departments,  Presidents'  messages, 
committees,  motions,  resolutions  and  bills  with  references  to  all  the  pro- 
ceedings thereon,  and  generally  to  all  the  subjects  treated  of  in  the  body 
of  the  Journal. 

But  with  the  exception  of  the  cases  above  stated,  the  reasons  for  or 
grounds  of  Legislation,  from  their  voluminous  nature  and  their  number, 
could  not  be  embodied  within  the  narrow  compass  of  the  Journals. 

These  are  contained  in  the  manuscript  files  and  records,  the  printed 


457 

documents,  and  the  reported  speeches  of  the  members  of  the  two  Houses 
to  be  sought  for  from  various  sources. 

The  manuscript  files  and  records  are  preserved  in  the  office  of  the 
House  in  which  they  may  have  been  presented,  or  to  which  they  may 
have  been  communicated.  The  printed  documents  and  speeches,  how- 
ever, require  a  more  particular  description  and  reference,  which  will  be 
given  as  concisely  as  practicable. 

CLASS  No.  8. 

EMBRACING  THE  DOCUMENTS  ORDERED  TO  BE  PRINTED  BY  THE 
TWO  HOUSES  OF  CONGRESS  SINCE  MARCH  4,  1789. 

These  consist  of  messages  from  the  President,  reports  from  the  seve 
ral  Executive  Departments  and  Bureaus,  reports  of  committees  of  the 
two  Houses,  with  documents  and  tables  communicated  therewith,  as 
well  as  memorials,  petitions,  resolutions  of  State  Legislatures,  and  all 
other  papers  printed  under  the  order  of  either  House.  These  will  be 
arranged  into  sections  : — 

See.  1.  THE  FOLIO  EDITION  OF  STATE  PAPERS  PUBLISHED  UNDER  JOINT  RESOLUTIONS 
OP  CONGRESS,  AND  PRINTED  BY  MESSRS.  GALES  &  SEATON,  CONSISTS  OF  21  VOLUMES. 

These  documents  were  selected  with  much  care  from  the  mass  of  manuscript 
and  printed  documents,  papers  and  books  in  the  offices  of  the  two  Houses,  from 
all  sources,  and  upon  all  subjects,  having  deficiencies  supplied  from  the  archives 
and  records  of  the  Executive  Departments.  These  were  divided  into  ten  different 
classes,  according  lo  their  nature  or  subject,  viz. : — 

4  vois.  Foreign  Relations.  Vol.  1,  from  March  4,  1789,  to  Feb.  28,  1797. 
Vol.  2,  from  Feb.  28, 1797,  to  Feb.  19, 1807. 
Vol.  3,  from  Feb.  19,  1S07,  to  March  3,  1815. 
Vol.  4,  from  March  3,  1815,  to  May  3, 1822 

2  vols.  Indian  Affairs.  Vol.  1,  from  March  4, 1789,  to  Nov.  18,  1814. 

Vol.  2,  from  Nov.  18,  1814,  to  March  1,  1827. 

3  vols.  Finances.  Vol.  1,  from  March  4,  1769,  to  April  29,  1802. 

Vol.  2,  from  April  29,  1S02,  to  March  2.  1815. 
Vol.  3,  from  March  2,  1815,  to  March  12,  1S22. 

2  vols.  Commerce  and  Navigation.  Vol.  1,  from  March  4, 1789.  to  Feb.  9,  1815 
Vol.  2,  from  Feb.  9,  1815,  to  Feb.  25, 1823. 

2  vols.  Military  Affairs.  Vol.  1,  from  March  4,  1789,  to  Feb.  25, 1819. 

Vol.  2,  from  Feb.  25,  1819,  to  Feb.  28,  1825. 

1  vol.  Naval  Affairs.  Vol.  1,  from  March  4, 1789,  to  March  5, 1825. 
1  vol.  Post-Office.  Vol.  1,  from  March  4,  1789,  to  March  2,  1833. 

3  vols.  Public  Lands.  Vol.  1,  from  March  4,  1789,  to  Feb.  27, 1809. 

Vol.  2,  from  Feb.  27,  1809.  to  Feb.  14,  1815. 
Vol.  3,  from  Feb.  14, 1815.  to  May  26,  1824. 

1  vol.  Claims.  Vol.  1,  from  March  4,  1789,  to  March  3,  1823. 

2  vols.  Miscellaneous.  Vol.  1,  from  March  4,  1789,  to  Feb.  16   1809 

Vol.  2,  from  Feb  16, 1809,  to  March  3,  1823. 


458 

There  will  also  be  included  in  this  section  the  two  additional  volumes  on  Public 
Lands  that  were  printed  by  DufTGreen,  by  order  of  the  Senate,  viz. : — 

2  vols.  on  Public  Lands.  Vol.  4,  from  May  26, 1824,  to  Jan.  2,  1828. 
Vol.  5,  from  Jan.  2, 1828,  to  Jan.  21,  1834. 

In  the  compilation  of  these  state  papers,  care  was  taken  to  render  each  class 
as  complete  as  practicable.  The  authority  for  the  publication,  and  the  manner 
of  proceeding  in  the  execution  of  the  work,  will  be  found  stated  at  the  beginning 
of  the  first  volume  on  Foreign  Relations.  As  it  purports  to  be  a  selection  of  those 
documents  and  papers,  it  will  not,  of  course,  be  expected  to  embrace  every  docu- 
ment and  paper  presented  in  or  communicated  to  either  House  of  Congress,  as 
these  can  alone  be  found  in  the  archives  of  Congress;  but  it  was  intended  that 
they  should  embrace  every  important  document  of  the  classes  to  which  they  re- 
spectively belong,  considered  valuable  as  precedents  for  the  future  action  of  the 
Government,  or  material  in  its  political  and  statistical  history,  or  as  establishing 
principles  in  the  allowance  or  rejection  of  private  pecuniary  claims  against  the 
Government,  or  in  the  settlement  of  private  land  claims. 

These  state  papers  were  printed  under  the  authority  of  the  act  of  Congress 
"making  provision  for  a  subscription  to  a  compilation  of  congressional  docu- 
ments," approved  March  2,  1831,  and  continued  under  th«  joint  resolution  of 
March  2,  1833,  which  limited  the  continuation  to  eight  volumes,  and  which,  with 
those  previously  authorized,  made  twenty-one  volumes.  These  were  disposed 
of  by  a  joint  "resolution  directing  the  distribution  of  a  compilation  of  congres- 
sional documents,  and  for  other  purposes,"  approved  July  10,  1832. 

CLASS   No.  9. 

Sec.  1  WILL  EMBRACE  THE  DOCUMENTS  PRINTED  IN  OCTAVO 
FORM  BY  ORDER  OF  THE  SENATE,  during  each  session,  from  March  4, 
1789,  to  March  3,  1851.  These  are  numbered  as  they  are  sent  to  the  printer; 
loose  copies  are  furnished  to  the  members  of  both  Houses  of  Congress  and  other 
public  functionaries,  and  sometimes  extra  copies  for  distribution,  as  they  are 
printed ;  and  other  copies  are  retained  and  bound,  in  as  many  volumes  as  neces- 
sary, with  copious  indexes,  for  preservation,  when  the  printing  of  each  session  is 
completed.  The  more  important  of  these  printed  dpcuments  will  be  found  re- 
printed, under  their  appropriate  heads,  in  the  folio  state  papers,  where  they  will 
be  found  more  conveniently,  in  connection  with  kindred  subjects  which  had  ac- 
cumulated from  March  4,  1769,  to  the  time  to  which  the  class  they  belong  to  was 
reprinted,  as  stated  in  the  preceding  section ;  from  which  time,  recoursj}  must  be 
had  to  these  bound  documents  of  each  session — every  session  having  a  separate 
index. 

In  addition  to  these  documents,  the  bills  and  resolutions  of  the  Senate  are 
printed  in  folio  form,  and  distributed  nearly  as  the  octavo  documents.  Several 
copies  of  these  have  been  bound  into  volumes,  with  indexes,  since  1824-5. 

CLASS  No.  10. 

Sec.  1  WILL  EMBRACE  THE  DOCUMENTS  PRINTED  IN  OCTAVO 
FORM  BY  ORDER  OF  THE  HOUSE  OF  REPRESENTATIVES,  from  Marc* 


459 

4,  1789,  to  March  3,  1851.  Those  are  divided  into  several  series,  each  being 
numbered  as  sent  to  the  printer.  One  series  consists  of  the  re,>oits  ot  commit 
tees  of  the  House  of  Representatives,  with  their  accompanying  documents ;  and 
the  other  series  consists  of  messages,  reports,  and  documents,  from  the  Executive 
Departments,  and  all  other  documents  ordered  to  be  printed  by  that  House.  Loose 
copies  are  furnished  to  members  of  both  Houses  of  Congress,  and  other  public 
functionaries,  and  sometimes  extra  copies  for  distribution,  as  they  are  printed ; 
and  other  copies  are  retained  and  bound,  each  series  separately,  (in  as  many  vo- 
lumes as  necessary,  with  separate  indexes,)  for  preservation,  when  the  printing 
of  each  session  is  completed.  The  more  important  of  these  documents,  of  both 
series,  will  be  found  reprinted,  under  their  appropriate  heads,  in  the  folio  state 
papers,  as  mentioned  in  the  preceding  section,  as  far  as  they  extend  ;  from  which 
time,  recourse  must  be  had  to  these  bound  documents  of  each  session — every  sea- 
sion  having  a  separate  index  for  each  series  of  these  documents. 

In  addition  to  these  documents,  the  bills  and  joint  resolutions  of  the  House  of 
Representatives  have  been  printed  in  folio  form,  and  distributed  as  the  octavo 
documents.  Several  copies  of  these  have  been  bound,  with  indexes,  since  1825. 

CLASS  No.  11. 
DEBATES  IN  CONGRESS: 

Embracing  the  speeches  made  in  the  two  Houses  of  Congress,  from  March  4, 
1789,  to  March  3, 1851. 

When  it  is  desired  to  find  the  discussion  in  either  House  upon  any  par- 
ticular subject,  it  is  necessary  first  to  ascertain  from  the  journal  of  the 
House  in  which  the  discussion  has  taken  place,  when,  or  on  what  days, 
such  subject  was  under  consideration  in  the  House,  and  then  seek  for  the 
publication  of  the  proceedings  of  those  days  in  the  public  newspapers 
that  published  such  debates,  or  in  the  various  compilations  of  debates,  as 
either  may  be  found  to  embrace  the  time  at  which  the  discussion  may 
have  taken  place. 

Sec.  1.  The  compilation  of  Joseph  Gales,  senior,  in  2  volumes,  contains  the  de- 
bates in  the  first  Congress,  17S9  to  1791.* 

Sec.  2.  The  Congressional  Register,  or  History  of  the  Proceedings  and  Debates 
of  the  first  House  of  Representatives,  by  Thomas  Lloyd,  1789-91. 

Sec.  3.  History  of  Congress,  exhibiting  a  classification  of  the  proceedings  of 
the  Senate  and  House  of  Representatives,  from  March  4, 17S9,  to  March  3,  1793. 

Sec.  4.  Debates  in  the  Congress  of  the  United  States  on  the  bill  for  repealing  the 
law  "  for  the  more  convenient  organization  of  the  courts  of  the  United  States :" 
Albany,  1802.  (State  Department.) 

Sec.  5.  Debates  in  the  House  of  Representatives  of  the  United  States  on  ques- 
tions involved  in  the  British  treaty  of  1794,  (Jay's  treaty :)  Philadelphia,  1808. 
(State  Department.) 

*  This  compilation  has  been  continued  by  Gales  &  Seaton,  under  the  patronage  of 
Congress. 


460 

Sec.  6.  Debates  in  the  House  of  Representatives  of  the  United  States  on  the 
8*  minole  war,  in  January  and  February,  1819.  (State  Department.) 

Sec.  7.  Dunlap's  American  Daily  Advertiser,  from  1791  to  1793.  (Congress 
library.) 

Sec.  8.  Dunlap  &  Claypole's  Advertiser,   from  1794  to  1795.      (Cong.  Lib.) 

Bee.  9.  Brown's  Philadelphia  Gazette,  from  1794  to  1SOO.     (Cong.  Lib.) 

Sec.  10.  Bache's  General  Advertiser,  from  1795  to  1797.     (Cong.  Lib.) 

Sec.  11.  Bache  &  Duane's  Aurora,  from  1798  to  1814.    (Cong.  Lib.) 

Sec.  12.  Carey's   United   States  Recorder,   from  1793  to  1800.     (Cong.  Lib.) 

Sec.  13.  Delaware  Gazette,  Political  Mirror,  from  1798  to  1800.     (Cong.  Lib.) 

Sec.  14.  Dennison's  Republican  Watch  Tower,  from  1800  to  1809.    (Cong.Lib.) 

Sec.  15.  Duane's  Weekly  Aurora,  from  1810  to  1821.    (Cong.  Lib.) 

Sec.  16.  Fenno's  Gazette  of  the  United  States,  from  1789  to  1798.     (Cong.  Lib.) 

Sec.  17.  National  Intelligencer,  (tri-weekly,)  from  1800  to  1813.    (Cong.  Lib.) 
National  Intelligencer,  (daily,)  from  1814  to  1851.    (Cong.  Lib.) 

Sec.  18.  Universal  Gazette,  (by  Samuel  Harrison  Smith,)   from  1798  to  1808. 

Sec.  19.  Philadelphia  Gazette,  from  1795  to  1797.    (Cong.  Lib.) 

See.  20.  Virginia  Argus,  from  1797  to  1803.    (Cong.  Lib.) 

Sec.  21.  Virginia  Argus  and  Enquirer,  (bound  together,)  from  1804  to  1808 
(Cong.  Lib.) 

Sec.  22.  Richmond  Enquirer,  from  1809  to  1814.     (Cong.  Lib.) 

Sec.  23.  Washington  City  Gazette,  from  1815  to  1826.    (Cong.  Lib.) 

Sec.  24.  National  Journal,  from  1826  to  1831.    (Cong.  Lib.) 

Sec.  25.  United  States  Telegraph,  from  1828  to  1837.     (Cong.  Lib.) 

Sec.  26.  Globe,  from  1832  to  1845.    (Cong.  Lib.) 

Sec.  27.  Madisonian,  from  1837  to  1838.    (Cong.  Lib.) 

Sec.  28.  Register  of  Debates  in  Congress,  comprising  the  leading  debates  and 
incidents  of  each  session,  with  an  appendix  containing  important  state  papers  and 
public  documents,  and  the  laws  of  a  public  nature  enacted  during  each  session, 
with  an  index  to  the  subject  of  debate  and  to  the  names  of  the  speakers  in  each 
House  of  Congress  for  each  session,  viz.: 

2d  Session,  18th  Congress,  1824-5,  in  1st  volume. 

1st        "        19th        "          1825-6,  in  2d  volume,  in  2  parts. 

2d         «        19th        u          1826-7,  in  3d  volume. 

1st        "        20th        "          1827-8,  in  4th  volume,  in  2  parts 

2d        «       20th       «          1828-9,  in  5th  volume. 

1st        "        21st        "          1829-30,  in  6th  volume,  in  2  parts. 

2d         «        2lst        "          1830-31,  in  7th  volume. 

1st        "        22d         "          1 831-2,  in  8th  volume,  in  3  parts. 

2d         "        22d         "          1832-3,  in  9th  volume,  in  2  parts. 

1st        «        23d         «          1833-4,  in  10th  volume,  in  4  parts. 

2d         "        23d         "          1834-5,  in  llth  volume  in  2  parts. 

1st        "        24th        "          1S35-6,  in  12th  volume  in  4  parts. 

2d         "        24th        «          1836-7,  in  13th  volume,  in  2  parts. 

1st        «        25th        "          1837, 14th  volume,  in  2  parts. 

Sec.  29.  The  Congressional  Globe  and  Appendix,  containing  sketches  of  the 
proceedings  and  incidental  debates,  and  also  the  debates  at  large  in  the  two 


461 


Houses  of  Congress,  with  an  index  of  the  subject  of  debate, 
speakers  in  each  House  for  each  session,  viz  :  —     ' 
1st  and  2d  Sessions,  23d  Congress,  1833-        3d  Sess.  27th  Cong 

and  names  of  the 
.  1842-3,  12th  vol. 

4-5,   1st  and  2d  volumes  in  1. 

1st    " 

28th 

"      1843-4,  13th  vol. 

1st  Sess, 

.  24th 

Cong. 

1835-6,  3d  vol. 

2d     " 

28th 

" 

1844-5, 

14th  vol. 

2d     « 

24th 

" 

1386-7,  4th  vol. 

1st     « 

29th 

« 

1845-6,  New  Series, 

1st    " 

25th 

it 

1837,  5th  vol. 

1vol. 

in  2  parts. 

2d     " 

25th 

" 

1837-8,  6th  vol. 

2d     " 

29th 

"  '«' 

1846-7, 

« 

3d     « 

25th 

(i 

1838-9,  7th  vol. 

1st     « 

30th 

« 

1847-8, 

• 

1st    « 

26th 

u 

1839-40,  8th  vol. 

2d     « 

30th 

u 

1848-9, 

« 

2d     " 

26th 

u 

1840-1,  9th  vol. 

1st     " 

31st 

u 

1849-50, 

« 

1st    « 

27th 

It 

1841,  10th  vol. 

2d     « 

31st 

u 

1850-51, 

M 

2d     " 

27th 

" 

1841-2,  llth  vol. 

CLASS  No.  12. 
LAWS  OF  THE  UNITED  STATES. 

THIS  CLASS  WILL  EMBRACE  THE  SEVERAL  EDITIONS   OR  SERIES  OF  THE   LAWS 
OF  THE  UNITED  STATES  AND    INDEXES  TO  THE  LAWS. 

Sec.  1.  The  series  containing  in  separate  volumes  the  laws  usually  published 
in  pamphlet  form  at  the  termination  of  each  session  of  Congress.  In  this  seriei 
the  laws  are  published  in  extenso,  none  being  omitted. 

The  first  of  this  series  was  published  in  1797,  in  3  volumes,  by  Richard  Folwell, 
embracing  the  laws,  resolutions,  and  treaties,  from  March  4,  1789,  to  March  3, 
1797.  These  were  continued  by  Matthew  Carey,  to  include  the  4th  volume,  to 
March  3,  1799 ;  by  William  Duane  to  include  the  5th  and  6th  volumes,  to  March  3, 
1S03;  by  Roger  C.  Weightman,  to  include  the  7th,  8th,  9th,  and  10th  volumes,  to 
March  3,  1811 ;  and  were  continued  by  various  individuals,  "  By  authority,"  in 
pamphlet  form  at  the  termination  of  every  session  of  Congress,  down  to  March  3, 
1851. 

Sec.  2.  An  edition  of  the  laws  was  published  in  1815  by  Bioren  &  Duane  and 
R.  C.  Weightman.  This  edition  was  compiled  by  J.  B.  Colvin,  upon  the  basis  of 
a  plan  prepared  by  Richard  Rush,  then  Attorney-General  of  the  United  States, 
and  adopted  by  James  Monroe,  Secretary  of  State,  in  conformity  with  the  act  of 
Congress  of  the  18th  April,  1814.  It  consists  of  five  volumes,  and  embraces  the 
laws  of  the  United  States  from  March  4,  1769,  to  March  3,  1815,  with  the 
exception  of  "the  local  judiciary  acts,  and  all  acts  confiding  power  to  corpo- 
rate bodies  in  the  District  of  Columbia,  or  which  have  been  otherwise  passed  by 
Congress  in  their  character  of  Legislature  for  the  District,"  which  were  ex- 
cluded. 

Vol.  1  contains — The  Declaration  of  Independence,  Articles  of  Confederation. 
The  Constitution,  and  proceedings  which  led  to  its  adoption. 
Treaties  with  foreign  nations  and  Indian  tribes,  from  1778  to  1314. 
Grants,  treaties,  and  cessions,  by  which  lands  have  been  acquired  by  the  United 

Stales,  from  1783  to  1814. 


462 

Old  proclamations  and  grants  oflands,  and  treaties  between  foreign  government* 
relating  to  titles  to  lands,  and  boundaries  of  territories  now  included  within  the 
United  Slates, 

(/rant  to  the  Hudson's  Bay  Company. 

Cessions  of  land  by  several  States  to  the  United  States. 

Title  of  the  United  States  to  Louisiana. — Grant  to  Crozat. 

Evidence  respecting  Yazoo  and  other  land  claims. 

Treaty  of  Paris,  of  10th  February,  1763,  between  Great  Britain,  France,  and 
Spain. 

Titles  to,  and  boundaries  of  the  Floridas. 

Explanatory  notes  of  the  acquisition,  surveys,  sales,  donations,  and  other  dispo- 
sition of,  and  regulation?  concerning,  the  public  lands  in  the  early  periods  of  th« 
Government. 

Important  claims  to  land,  either  rejected  or  requiring  a  critical  examination. 

Extracts  from  early  English  charters  conveying  territory. 

Ordinance  for  the  government  of  the  territory  north-west  of  the  river  Ohio. 

Boundaries  of  South  Carolina  and  Georgia  established. 

Ohio  company's  claims  to  land. 

Illinois  company's  claims  to  land. 

Wabash  company's  claims  to  land. 

Wilkins'  grant  and  Governor  St.  Glair's  confirmation. 

Spanish  regulations  for  the  allotment  oflands. 

Grand  Maison's  claim  on  Washita. 

Houma's  claim  on  New  Orleans  Island. 

Bastrop's,  St.  Vrain,  now  John  Smith,  T. 

Renaut's,  Dubuque's.  and  Chouteau's  claims  to  lands  and  lead  mines. 

An  ordinance  for  ascertaining  the  mode  of  disposing  oflands  in  the  western  terri- 
tory. 

Boundary  lines  between  Virginia  and  Kentucky  ascertained. 

Location  of  Virginia  military  bounty  land. 

Powers  of  the  board  of  Treasury  to  contract  for  the  sale  of  western  territory. 

Relinquishment  of  a  tract  of  land  to  Pennsylvania, 

Bounties  to  foreign  deserters. 

Provision  for  refugees  from  Canada  and  Nova  Scotia. 

Resolutions  of  old  Congress  relative  to  military  bounty  laud. 

Donation  to  Arnold  Henry  Dohrman. 

Donation  to  the  Society  of  the  United  Brethren. 

Claims  and  donations  in  territories  of  Indiana.  Illinois,  and  Michigan. 

OKIGIN,  &c.,  OF  THE  DEI-ARTMENT  OF  STATE  for  the  United  States. 

ORIGIN,  &c.,  OF  THE  DEPARTMENT  OF  WAK. 

Commencement  and  progress  of  Indian  affairs. 

ORIGIN,  &c.,  OF  THE  NAVAL  ESTABLISHMENT  of  the  United  States. 

ORIGIN,  &c.,  OF  THE  TREASURY  DEPARTMENT. 

ORIGIN,  &c.,  OF  THE  MINT  of  the  United  States. 

ORIGIN,  &c.,  OF  THE  GENERAL  POST-OFFICE  of  the  United  States. 

An  ordinance  for  settling  the  accounts  between  the  United  States  and  the  indi 
vidual  States. 


403 

Light-houses,  beacons,  buoys,  and  public  piers,  and  cessions  of  land  for  same  from 

the  States  to  the  United  States. 
Military  establishment  of  the  United  States  in  1787,  and  lands  held  for  military 

purposes. 
Concerning  the  seat  of  the  general  Government. — FLAQ  of  the  United  States. — 

Device  for  a  GREAT  SEAL. — Device  for  copper  coinage. 
Half  pay. — Commutation. — Invalids. — Pensions. — Acts  of  limitation. 

Vol.  2  contains  the  Laws  of  the  United  States,  from  March  4,  1789  to  March  3, 
1797. 

Vol.  3  contains  do.  from  March  3,  1797,  to  March  3, 1805. 

Vol.  4  contains  do.  from  March  3,  1805,  to  March  3,  1815. 

Vol.  5  contains,  1.  A  list  of  all  acts  and  resolutions  from  1789  to  1815. 

2.  A  General  Index  to  private  acts  from  1789  to  1815. 

3.  Statement  of  Receipts  and  Expenditures  from  1789  to  1815. 

4.  A  General  Index  Laws  United  States  from  1789  to  1815. 

The  series  of  Laws  contained  in  the  preceding  volumes  of  the  edition 
of  Bioren  and  Duane,  have  been  continued  to  March  3,  1845,  by  a  6th, 
7th,  8th,  9th,  and  10th  volumes : 

Vol.  6,  Printed  by  Davis  &  Force  in  1822,  contains  Laws  of  the  United  States 
including  Treaties,  from  March  3,  1815,  to  March  3, 1821,  with  an  Index  thereto. 

Vol.  7.  Printed  by  P.  Force  in  1827.  Ditto  March  3, 1821,  to  March  3,  1827,  do. 
With  this  volume  there  was  printed  a  general  index  of  all  the  Acts,  Resolutions, 
Treaties,  and  other  matter  contained  in  the  seven  preceding  volumes.  It  was 
prepared  by  Samuel  Burch,  under  a  resolution  of  the  House  of  Representatives, 
and  is  one  of  the  best,  most  full  and  systematic  Indexes  of  the  Laws  of  the  United 
States  extant,  for  the  time  it  embraces,  viz.,  March  4, 1789,  to  March  3, 1827.  It 
has  been  separately  bound. 

Vol.  8.  Printed  by  W.  A.  Davis  in  1835,  and  contains  the  Acts,  Resolutions  and 
Treaties  from  March  3,  1827,  to  March  3,  1833. 

Vol.  9.  Printed  by  order  of  Congress  in  1839,  and  contains  the  Acts,  Resolu- 
tions and  Treaties  from  March  3,  1833,  to  March  3,  1839. 

Vol.  10.  Printed  by  J.  and  G.  S.  Gideon  in  1845,  and  contains  the  Acts,  Resolu- 
tions and  Treaties,  from  March  3, 1839,  to  March  3, 1845.  From  March  3, 1845, 
to  March  3,  1851,  the  Laws  and  Treaties  will  be  found  in  pamphlet  form. 

Sec.  3.  The  Public  and  General  Statutes  of  the  United  States,  from 
1789  to  1827  inclusive,  whether  expired,  repealed,  or  in  force  :  arranged 
in  chronological  order,  with  marginal  references,  and  a  copious  index :  to 
which  is  added  the  Constitution  and  an  Appendix :  published  under  tho 
inspection  of  Judge  Story.  Boston,  1827. 

Sec.  4.  An  edition  of  the  Statutes  at  large  was  edited  by  Richard 
Peters,  and  published  by  Little  &  Brown,  in  1845.* 

*  This  edition  of  the  Statutes  has  been  continued  in  pamphlet  form  for  each 
session  of  Congress. 


464 

Vol.  1  contains,  1.  The  Declaration  of  Independence. 

2.  The  Articles  of  Confederation. 

3.  The  Constitution  of  the  United  States. 

4.  The  Public  acts  of  Congress  from  March  4,  1789,  to  March 

3, 1799. 

Vol.  2  contains  the  Public  Acts  of  Congress  from  March  3,  1799,  to  March  3V 
1813. 

Vol.  3  contains  do.  do.  from  March  3,  1813,  to  March  3.  1823. 
Vol.  4  contains  do.  do.  from  March  3,  1823,  to  March  3,  1835. 

Also  Acts  of  Virginia,  Pennsylvania,  and  Maryland. 
Proceedings   and   Charter  of    Potomac   Company  relating  to 

Chesapeake  and  Ohio  canal. 

Act  of  Alabama  to  incorporate  the  Cahawba  Navigation  Com- 
pany. 

Proclamations  by  the  President  of  the  United  States  on  Com- 
mercial Affairs  with  Foreign  Nations. 
Vol.  5  contains  the  Public  Acts  of  Congress  from  March  3,  1835,  to  March  3, 

1S45. 

Also  a  Proclamation  of  the  President  on  extinguishment  of  In- 
dian title  to  land  in  Missouri. 

An  act  of  Virginia  relating  to  Chesapeake  and  Ohio  Canal  Com- 
pany, February  27, 1829. 

Vol.  6  contains  Private  Statutes  at  large,  from  March  4,  1789,  to  March  3, 1845. 
Vol.  7  contains  Treaties  with  Indian  tribes,  from  September  17, 1778,  to  March 
3, 1845. 

Vol.  8  contains  the  Treaties  with  Foreign  Nations,  from  February  6,  1778,  to 
March  3,  1845. 

Each  of  the  preceding  volumes  contains  an  index  to  the  matter  therein ;  this 
8th  volume  also  contains : — 

1.  Table  showing  relative  chapters  of  this  and  other  editions  of  the  Laws. 

2.  Tables  of  Acts  of  Congress,  from  1789,  to  1S45  inclusive,  relating  to  the  Ju- 
diciary. 

3.  Table  of  Acts  of  do.  relating  to  Imports  and  Tonnage. 

4.  Table  of  Acts  of  do.  relating  to  Public  Lands. 

5.  Table  of  Acts  of  do.  relating  to  the  Post-Office. 
S.  Index  to  the  five  volumes  of  Public  Statutes. 

7.  A  General  Index  to  the  matter  contained  in  the  8  volumes  above  mentioned. 

Sec.  4.  The  Acts  of  Congress  in  relation  to  the  District  of  Columbia  from  July 
16, 1790,  to  March  4,  1831  inclusive,  and  of  the  Legislatures  of  Virginia  and  Mary- 
land, passed  especially  in  regard  to  that  District,  or  to  persons  or  property  within 
the  same,  with  preliminary  notes  of  the  proceedings  of  the  Congress,  under  the 
Confederation,  as  well  as  under  the  present  Constitution,  in  regard  to  the  per- 
manent seat  of  the  Government  of  the  United  States.  Printed  by  William  A. 
Davis,  1831. 


465- 

CLASS  No.  13. 

ABRIDGMENTS  AND  DIGESTS  OF  THE  LAWS  OF  THE  UNITED 
STATES. 

Sec.  1.  DIGEST  of  all  such  Acts  of  Congress  as  concern  the  United  States  at 
large ;  all  existing  Treaties,  &c.,  by  AVilliam  Graydon,  in  1813. 

Sec.  2.  DIGEST  of  the  Laws  of  the  United  States,  including  an  abstract  of  the 
Judicial  Decisions  relating  to  the  Constitutional  and  Statutory  Law,  witli  Notes 
explanatory  and  historical,  by  Thomas  F.  Gordon.  Printed  in  1827. 

See.  3.  AN  ABRIDGMENT  of  the  Acts  of  Congress  now  in  force,  excepting 
those  of  a  private  and  local  application,  with  notes  of  Decisions,  giving  construc- 
tion to  the  same,  in  the  Supreme  Court  of  the  United  States,  by  Edward  Iii- 
gersoll.  Printed  in  1825. 

Sec.  4.  DIGEST  of  the  Laws  of  the  United  States  including  the  Treaties  with 
Foreign  Powers,  and  an  abstract  of  the  Judicial  Decisions  relating  to  the  Con- 
stitutional and  Statutory  Law.  By  Thomas  F.  Gordon,  printed  in  1844. 

CLASS  No.  14. 

INDEXES  PREPARED  IN  CONFORMITY  WITH  ORDERS  OR  RESOLU- 
TIONS OF  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES  OF 
THE  UNITED  STATES,  RESPECTIVELY. 

Sec.  1.  GENERAL  INDEX  to  the  Laws  of  the  United  States  of  America,  from 
March  4,  1789,  to  March  3,  1S27,  including  all  Treaties  entered  into  between  those 
periods;  in  which  the  principles  involved  in  acts  for  the  relief  of  individuals,  or 
of  a  private  or  local  nature,  are  arranged  under  general  heads,  to  which  such  prin- 
ciples appropriately  belong:  arranged  to  the  edition  commenced  by  Bioren,  Du- 
ane  &  Weightman,  in  1815,  and  subsequently  continued  by  Davis  &  Force,  and 
William  A.  Davis.  [This  is  the  most  complete  and  useful  index  of  the  laws,  up 
to  March  3,  1827,  extant;  and  it  would  add  to  the  public  convenience  if  a  similar 
one  were  made  of  the  laws  from  that  period  up  to  the  present  time.] 

Sec.  2.  INDEX  to  the  Executive  Communications  made  to  the  House  of  Re- 
presentatives, from  March  4,  1789,  to  March  3,  1817 :  first,  by  a  reference,  in  al- 
phabetical order,  to  the  printed  and  also  to  the  manuscript  reports,  according  to 
the  subject-matter  ;  second,  by  a  reference  to  the  same  matter,  arranged  under  the 
head  of  the  department  whence  it  came.  Also,  an 

Sec.  3.  INDEX  to  all  the  printed  Reports  of  Committees,  alphabetically  ar- 
ranged, from  March  4,  1789,  to  March  3,  1817 :  printed  in  1824. 

Sec.  4.  INDEX  to  the  Executive  Communications  and  Reports  of  Committees 
made  to  the  House  of  Representatives,  from  December  3,  1817,  to  March  3, 1823 : 
printed  in  1823. 

"See.  5.  A  DIGESTED  INDEX  to  the  Executive  Documents  (that  is,  all  docu- 
ments ordered  to  be  printed)  and  Reports  of  Committees  of  the  House  of  Repre- 
sentatives, from  March  3,1823,  to  March  3,  1831,  inclusive:  printed  in  1832. 

Sec.  6.  A  DIGESTED  INDEX  to  the  Executive  Documents  and  Reports  of 
Committees  of  the  House  of  Representatives,  from  March  4,  1831,  to  March  3 
1839,  inclusive. 


466 

See.  7.  INDEX,  or  alphabetical  list  of  Private  Claims  which  have  been  before 
the  SENATE,  from  December  4,  1815,  to  March  3, 1849,  with  the  proceedings  of 
the  Senate  thereon :  showing  the  names  of  the  claimants;  the  nature  or  object 
of  each  claim;  at  what  session,  and  in  what  manner,  it  was  brought  before  the 
Senate  ;  to  what  committee  it  was  referred ;  the  nature  of  the  report,  and  (where 
special  reports  were  made)  the  number  of  the  report,  if  printed,  and,  if  not,  the 
date  of  the  report;  the  number  of  the  bill,  distinguishing  between  Senate  and 
House  bills ;  the  manner  in  which  the  claim  was  disposed  of  by  the  Senate  ;  and, 
in  cases  where  it  passed  both  Houses,  the  date  of  the  act  of  Congress  :  the  whole 
compiled  from  the  journals  of  the  Senate,  and  by  reference,  when  necessary,  to 
the  journals  of  the  House  of  Representatives,  the  reports  of  committees,  the  bills 
of  the  two  Houses,  and  the  laws  of  the  United  States.  Prepared  by  orders  of  the 
Senate  of  April  9,  1840,  February  27,  1841,  and  February  8, 1849. 

CLASS  No.   15. 

REPORTS  OF  THE  DECISIONS  OF  THE  SUPREME  COURT  OF  THE 
UNITED  STATES. 

1.  By  ALEXANDER  JAMES  DALLAS,  from  February  term,  1790,  to  Au- 
gust term,  1SOO,  inclusive. 

2.  By  WILLIAM  CRANC1I,  from  August  term,  1801,  to  February  term,  1815, 
inclusive. 

3.  By  HENRY  WHEATON,  from  February  term,  1816,  to  January  terra, 
1627,  inclusive. 

4.  By  RICHARD  PETERS,  jun.,  from  January  term,  1828,  to  January  term, 
1842,  inclusive. 

5.  By  BENJAMIN  C.  HOWARD,  from  January  term,  1843,  to  January  term, 
1851,  inclusive. 

6.  Condensed  Reports  of  cases  in  the  Supreme  Court  of  the  United  States,  con- 
taining the  whole  series  of  the  decisions  of  the  court  from  its  organization  lo  the 
commencement  of  Peters'  Reports,  at  January  term,  1 827.  with  copious  notes  and 
parallel  cases  in  the  Supreme  and  Circuit  Courts  of  the  United  States. 

CLASS  No.  16. 

PUBLICATIONS  ON  THE  SUBJECT  OF  THE  PUBLIC  LANDS  AND  PRI- 
VATE LAND  CLAIMS  UNDER  THE  AUTHORITY  OF  THE  UNITED 
STATES. 

1.  LAWS  OF  THK  UNITED  STATES.  Resolutions  of  Congress  under  th« 
Confederation,  Treaties,  Proclamations,  and  other  documents,  having  operation 
and  rrspeot  to  the  Public  Lands :  collected,  digested,  and  arranged,  pursuant  to 
the  net  o(  Congress,  approved  April  27,  1810,  by  Albert  Gallatin,  Secretary  of  the 
Treasury:  revised,  completed,  ami  printed,  under  the  act  of  January  20,  1817r 

(This  is  a  valuable  treatise  and  compilation  of  charters,  treaties,  grants,  ces- 
sions, compacts,  resolutions,  acts  relating  to  the  early  history,  acquisition,  regu- 
lation, and  disposition  of  the  public  lauds,  and  evidence  of  the  nature  and  extcn. 
of  private  land  claims.] 


467 

2.  LAWS  OF  THE  UNITED  STATES,  Resolutions  of  Congress  under  the 
Confederation,  Treaties,  Proclamations,  Spanish  Regulations,  and  other  docu- 
ments, respecting  the  Public  Lands:   compiled,  in  obedience  to  a  resolution  of 
the  House  of  Representatives  of  the  United  States  of  March  1, 1826,  by  M.  St.  C. 
Clarke,  and  printed  by  order  of  the  House  of  Representatives  of  February  19, 
1827 :  in  one  volume. 

3.  LAWS  OF  THE  UNITED  STATES,  Treaties,  Regulations,  and  other  docu- 
ments, respecting  the  Public  Lands;  with  the  Opinions  of  the  Courts  of  the  United 
States  in  relation  thereto,  from  1826  to  1S33:  by  M.  St.  C.  Clarke,  under  a  resolu- 
tion of  the  House  of  Representatives  of  March  1, 1833. 

4.  DOCUMENTS,  LEGISLATIVE  AND  EXECUTIVE,  of  the  Congress  of 
the  United  States,  in  relation  to  the  Public  Lands,  from  March  4, 1789,  to  June 
15,  1824,  in  five  volumes  :  compiled  under  the  resolutions  of  the  Senate  of  Febru- 
ary 26,  1833,  and  January  3, 1834.    Printed  by  Duff  Green. 

5.  GENERAL  PUBLIC  ACTS  OF  CONGRESS  respecting  the  sale  and  dis- 
position of  the  Public  Lands ;  with  Instructions  issued  from  time  to  lime  by  the 
Secretary  of  the  Treasury  and  Commissioner  of  the  General  Land  Office,  and 
Official  Opinions  of  the  Attorney-General  <,n  questions  arising  under  the  land 
laws  ;  in  two  parts,  or  volumes  : 

Part  1  contains  the  laws  from  March  4;  1789,  to  July  9, 1838. 
Part  2  contains  the  instructions  and  (  pinions,  from  March  4,  1789,  to  August 
17,  1838. 
Prepared  and  printed  under  the  reso'  ition  of  the  Senate  of  February  23, 1837. 

CLAF?  No.  17. 

REVENUE  LAWS,  COMMERCIAL  REGULATIONS,  DIGESTS  OP  TARIFF 
LAWS,  &c. 

1.  A  SELECTION  OF  ALL  THE   LAWS   OF  THE   UNITED   STATES 
In  force,  relative  to  commercial  subjects,  with  marginal  notes  and  references, 
classed  under  separate  heads,  viz. :  Acts  for  collection  of  duties  on  imports  and 
tonnage;  Table  of  tonnage  duty  and  fees  of  office  ;  Registering,  recording,  en- 
rolling, and  licensing  of  ships  or  vessels;  Mediterranean  passports;  Quarantine 
and  health;  Remission  of  fines,  penalties,  and  forfeitures;  Fisheries;  Naturali- 
zation; Restriction  of  trade  with  an  enemy;  Letters  of  marque  and  reprisal; 
Salvage;  Slave  trade ;  Consuls  and  vice-consuls;  Seamen  in  the  merchants' ser- 
vice;  Sea  letters;   British  licenses;  and   for  regulating  foreign  coins,  &c. :   by 
John  Brice:  1814. 

2.  COMMERCIAL    REGULATIONS    OF   THE    FOREIGN    COUNTRIES 
with  which  the  United  States  have  commercial  intercourse :  collected,  digested, 
and  printed,  under  the  direction  of  the  President  of  the  United  States,  conforma- 
bly to  a  resolution  of  the  Senate  of  March  3,  1817. 

3.  A  DIGEST  OF  THE  COMMERCIAL   REGULATIONS  OF  THE  DIF- 
FERENT FOREIGN  NATIONS  with  which  the  United  States  have  intercourse : 
in  compliance  with  a  resolution  of  the  House  of  Representatives  of  January  21, 
1823. 

4.  JONES'S  DIGEST:  being  K  particular  and  detailed  account  of  the  dutiet 

43  » 


468 

performed  by  the  various  officers  belonging  to  the  custom-house  departments  at 
the  United  States;  together  with  a  description  of  some  of  the  principal  books 
and  documents  in  general  use  in  the  several  offices  of  the  custom-house,  with  the 
usual  routine  through  which  merchants  and  captains  must  pass  on  entering  ves- 
sels and  merchandise,  ic.:  by  Andrew  A.  Jones,  in  1S35. 

5.  REPORT  OF  THE  SECRETARY  OF  STATE  OX  THE  COMMERCIAL 
RELATIONS  OF  THE  UNITED   STATES  WITH    FOREIGN   NATIONS: 
comparative  tariffs  of  the  United  States  and  other  nations;  tabular  statements 
of  the  domestic  exports  of  the  United  States;  duties  on  importation  of  the  staple 
or  principal  productions  of  the  United  Slates  into  foreign  countries  ;  navigation; 
and  British  tariff,  corn-laws,  &c.:  prepared  in  compliance  with  the  resolutions 
of  the  House  of  Representatives  of  Sept.  3,  1841,  and  January  31, 1842. 

6.  TARIFFS,  from  1769  to  1833,  with  the  votes  in  each  House  of  Congress 
thereon,  arranged  according  to  States. 

7.  A  COLLECTION  OF  THE  LAWS  OF  THE  UNITED  STATES  relating 
to  revenue,  navigation,  and  commerce  and   light-houses,  including  treaties  with 
foreign  powers,  up  to  March  4.  1843 :  compiled  for  the  Treasury  Depar'inent  of 
the  United  States,  by  Thomas  F.  Gordon  :  1844. 

8.  A  DIGEST  of  the  existing  commercial  regulations  of  foreign  countries  with 
•which  the  United  Slates  have  intercourse :  prepared  under  the  direction  of  the 
Secretary  of  the  Treasury,  in  compliance  with  a  resolution  of  the  House  of  Re- 
presentatives of  March  3,  1831.     Printed  in  1833,  in  3  volumes  octavo. 

9.  A   STATISTICAL  VIEW  OF   Tt'E   COMMERCE   OF   THE   UNITED 
STATES :  its  connection  with  agriculture  and  manufactures ;  and  an  account 
of  the  public  debt,  revenues,  and  expendituies  of  the  United  States;  with  a  brief 
review  of  the  trade,  agriculture,  and  manutactures  of  the  Colonies,  previous  to 
their  independence;  and  a  table  illustrative  of  the  principles  and  objects  of  the 
work :  by  Timothy  Pilkin ;  1817. 

10.  A  DICTIONARY,  practical,  theoretical,  and  historical,  of  commerce  and 
commercial  navigation ;  in  2  volumes :  by  J.  R.  McCulloch :  1840. 

CLASS  No.  18. 

MISCELLANEOUS  BOOKS  PRINTED  OR  FURNISHED  UNDER  THE 
AUTHORITY  OR  PATRONAGE  OF  THE  UNITED  STATES,  AND  NOT 
NOTICED  UNDER  PARTICULAR  HEADS. 

1.  THE  "BLUE  BOOK,"  or  Biennial  Register  of  all  officers  and  agents,  civil, 
military  and  naval,  in  the  service  of  the  United  States.  Compiled  by  the  Secre- 
tary of  State,  as  required  by  the  resolution  of  Congress,  approved  April  27, 1816. 

The  printers  of  the  Laws,  printers  to  Congress,  the  allowances  to  each,  allow- 
ances to  contractors  for  carrying  the  mail,  were  directed  to  be  included  in  the 
Biennial  Register  by  the  resolution  of  July  14, 1832. 

"  2.  WAIT'S  STATE  PAPERS  and  public  documents  of  the  United  States,  from 
March  4, 17&9,  to  August  1, 1818.  [These  are  believed  to  have  been  included  in 
folio  State  Papers  in  the  series  on  Foreign  Relations.] 

3.  CONTESTED  ELECTIONS  in  Congress  of  Senators  and  Representatives, 


from  1789  to  1S34,  Inclusive,  compiled  by  M.  St.  Clalr  Clarke  and  David  A.  Hall, 
and  printed  by  order  of  the  House  of  Representatives. 

4.  REPORT  OF  THE  TRIAL  OF  JAMES  H.  PECK,  Judge  of  the  United 
States  Court  for  the  District  of  Missouri,  on  an  impeachment.    1833. 

5.  LEGISLATIVE  AND  DOCUMENTARY  HISTORY  OF  THE  BANK  OF 
THE  UNITED  STATES,  including  the  original  Bank  of  North  America.    By  M. 
St.  Clair  Clarke  and  David  A.  Hall. 

6.  REPORT    OF    COMMITTEE   of   the    House  of    Representatives,   with 
documents  relative  to  the  conduct  of   GENERAL  JAMES  WILKINSON,  February 
26,  1811. 

7.  TREATIES  AVITH  THE  SEVERAL  INDIAN  TRIBES,  from  1778  to  183V, 
compiled  under  the  direction  of  the  Commissioner  of  Indian  Affairs.  1837. 

8.  REPORTS  ON  THE  FINANCES  of  the  United  States  from  1790  to  1830; 
with  the  reports  of  Alexander  Hamilton  on   Public  Credit,  a  National  Bank, 
Manufactures  and  the  Mint.    In  3  volumes  octavo. 

9.  THE  PENSION  LAWS  OF  THE  UNITED  STATES,  including  sundry 
resolutions  of  Congress,  from  1776  to  1833,  executed  at  the  War  Department,  with 
the  opinions  of  the  Attorneys  General  of  the  United  States,  and  the  rules  and 
regulations  adopted  by  the  Secretary  of  War,  relative  to  the  execution  of  those 
Laws:    1833. 

10.  LAWS  OF  THE  UNITED  STATES  RELATIVE  TO  THE  NAVY  AND 
MARINE  CORPS  to  March  3,  1841;  with  acts  and  resolutions,  granting  medals, 
swords,  and  votes  of  thanks,  &c.,  private  acts,  a  table  of  appropriations  and  ex- 
penditures for  the  Naval  Service  from  1791  to  1840  inclusive;  also  a  synopsis  of 
Legislation  of  Congress  on  Naval  Affairs  during  the  Revolutionary  war  :    1841. 

11.  RESOLUTIONS,  LAWS  AND   ORDINANCES  RELATING  TO  THE 
PAY,  HALF-PAY,  COMMUTATION   OF   HALF-PAY,  BOUNTY  LANDS 
AND  OTHER  PROMISES  made  by  Congress  to  the  officers  and  soldiers  of  the 
Revolution ;  to  the  settlement  of  accounts  between  the  United  States  and  the  seve- 
ral States,  and  to  the  funding  of  the  revolutionary  Debt:   1838.    Compiled  by  W. 
S.  Franklin,  Clerk,  under  resolution  of  the  House  of  Representatives  of  April  11, 
1836. 

12.  STATEMENT    OF   THE   ARTS    AND   MANUFACTURES   OF   THE 
UNITED  STATES  for  1810,  by  Tench  Coxe,  under  direction  of  Albert  Gallatin, 
Secretary  of  the  Treasury,  in  obedience  to  a  resolution  of  Congress  of  March  19, 
1812. 

13.  TABLES  OF  THE  CENSUS  of  the  United  States  for  1790,  1800,  1810,  1820, 
1830,  1840. 

14.  COMPENDIUM  OF  THE  6th  CENSUS  for  1840,  exhibiting  the  population, 
•wealth,  and  resources  of  the  country,  the  aggregate  value  and  produce,  and  num- 
ber of  persons  employed  in  Mines,  Agriculture,  Commerce,  Manufactures,  &c., 
•with  an  abstract  of  each  preceding  census,  and  the  apportionment  of  Representa- 
tives under  the  same  :    1S41. 

15.  STATISTICAL   VIEW  OF    THE    POPULATION  OF   THE  UNITED 
STATES,  FROM  1790  TO  1830,  inclusive,  published   in  accordance   with  the 
resolutions  of  the  Senate  of  the  United  States  of  February  26,  1S33,  and  March 
31,  1834. 


470 

16.  A  CENSUS  OF  PENSIONERS  for  Revolutionary  or  Military  service*  J 
with  their  names,  ages,  and  places  of  residence  as  returned  by  the  Marshals :  1841. 

17.  MILITARY  LAWS  OF  THE  UNITED  STATES,  including  those  relating 
to  the  Marine  Corps,  by  Trueman  Cross.  1838. 

18.  A   SYSTEM   OF   PENAL   LAWS    FOR   THE   UNITED   STATES  of 
America,  consisting  of  a  code  of  Crimes  and  Punishments;  a  code  of  Proceed- 
ings in  criminal  cases;  a  code  of  Prison  Discipline;  and  a  book  of  Definitions. 
Prepared  and  presented  to  the  House  of  Representatives  of  the  United  States,  by 
Edward  Livingston:    1828. 

19.  THE  DIPLOMATIC  CORRESPONDENCE  OF  THE  AMERICAN  RE- 
VOLUTION, being  letters  of  Benjamin  Franklin,  Silas  Dean,  John  Adams,  John 
Jay,  Arthur  Lee,  William  Lee.  Ralph  Izard,  Francis  Dana,  William  Carmicbael, 
Henry  Laurens,  John  Laurens,  M.  Dumas  and  others,  concerning  the  Foreign 
Relations  of  the  United  States  during  the  whole  Revolution ;  with  replies  from 
the  Secret  Committee  of  Congress,  and  the  Secretary  of  Foreign  Affairs ;  also  cor- 
respondence with  the  French  Ministers  Gerard  and  Luzerne.     By  Jared  Sparks, 
under  resolution  of  Congress  of  March  27,  1818,  in  12  volumes,  from  March  3 
1776  to  1784. 

20.  THE  DIPLOMATIC  CORRESPONDENCE  of  the  United  States,  from  the 
Treaty  of  Peace  of  1783  to  March  4,  1789;  being  letters  of  the  Presidents  of  Con- 
gress, Secretary  of  Foreign  Affairs,  American  Ministers  of  foreign  courts,  foreign 
Ministers  near  Congress,  Reports  of  Committees  of  Congress,  Reports  of  Secretary 
for  Foreign  Affairs,  and  from  individuals  on  Public  Affairs.    By  Jared  Sparks, 
under  direction  of  the  Secretary  of  State,  conformably  to  act  of  Congress  of  May 
5,  1632,  in  7  volumes. 

21.  STATE    PAPERS    AND   PUBLIC    DOCUMENTS  OF  THE  UNITED 
STATES,  FROM  MARCH  4,  1789,  TO  1819;  including  Confidential  Documents 
first   published,  Inaugural  Speeches,  Messages  from  the  President,  and  Docu- 
ments on  Foreign  Relations,  &c.  &c.    By  Thomas  B.  Wait  &  Sons,  in  12  volumes, 
under  the  patronage  of  Congress. 

22.  RECEIPTS    AND    EXPENDITURES    OF   THE    UNITED    STATES, 
published  annually  by  the  Treasury  Department  in  obedience  to  the  7th  clause, 
9th  section,  1st  article  of  the  Constitution  of  the  United  States,  and  conformably 
to  a  standing  order  of  the  House  of  Representatives  of  December  30,  1791. 

23.  THE  MADISON  PAPERS ;  being  James  Madison's  correspondence  and 
reports  of  debates  during  the  Congress  of  the  Confederation,  and  his  reports  of 
debates  in  the  Federal  Convention,  from  the  original  manuscripts  purchased  by 
order  of  Congress.    Published  in  3  volumes  by  direction  of  the  Joint  Library 
Committee  of  Congress,  under  the  superintendence  of  Henry  D.  Gilpiu  :    1841. 

24.  TABLE  OF  POST-OFFICES  IN  THE  UNITED  STATES,  arranged  in 
alphabetical  order.     Exhibiting  the  States,  Territories  and  Counties;  Names  of 
Postmasters;  the  Distances  from  Washington  city  to  the  Capitals  of  the  several 
States  and  Territories ;   and  the  post-offices  arranged    by  Slates  and  counties. 
Published  under  authority  of  the  Postmaster-General  from  time  to  time. 

25.  OFFICIAL  ARMY  REGISTER  OF  THE  UNITED  STATES.    Published 
•  initially  by  order  of  the  Secretary  of  War,  in  compliance  with  a  resolution  of 


471 

the  Senate,  of  December  13, 1 815,  and  of  the  House  of  Representatives  of  February 
1,  1830. 

26.  OFFICIAL  REGISTER  OF  THE  OFFICERS  AND  CADETS  OF  THE 
UNITED  STATES  MILITARY  ACADEMY,  WEST  POINT.    Published  annu- 
ally by  order. 

27.  OFFICIAL  NAVY  REGISTER  OF    THE  UNITED  STATES.     Printed 
by  order  of  the  Secretary  of  the  Navy,  in  compliance  with  a  resolution  of  the 
Senate  of  the  United  Slates  of  December  13,  1815. 

CLASS  No.  19. 

MISCELLANEOUS   PUBLICATIONS,   CONTAINING  USEFUL   POLITICAL, 
STATISTICAL,  AND  OTHER  INFORMATION. 

1.  NILES'  WEEKLY   REGISTER:   containing  political,  historical,  geogra- 
phical, scientifical,  astronomical,  statistical,  biographical  documents,  essays,  and 
facts,  together  with  notices  of  the  arts  and  manufactures,  and  a  record  of  the 
events  of  the  times,  from  September,  1811,  to  March,  1847. 

2.  HAZARD'S   "Register  of  Pennsylvania:   devoted  to  the  preservation  of 
tacts  and  documents,  and  every  other  kind  of  useful  information,  respecting  the 
State  of  Pennsylvania,"  from  January,  1823,  to  January,  1836,  in  16  volumes. 

3.  HAZARD'S   UNITED   STATES   COMMERCIAL  AND  STATISTICAL 
REGISTER:  containing  documents,  facts,  and  other  useful  information,  illustra- 
tive of  the  history  and  resources  of  the  American  Union,  and  of  each  State;  em- 
bracing commerce,  manufactures,  agriculture,  internal  improvements,  banks, 
currency,  finances,  education,  &e.,  &c. ;  from  July,  1839,  to  July,  1842;    in  0 
volumes. 

4.  A  CONNECTED  VIEW    OF    THE   WHOLE    INTERNAL    NAVIGA- 
TION OF  THE  UNITED  STATES,  natural  and  artificial,  present  and  prospect- 
ive, with  maps :  Carey  &  Lea :  1826. 

5.  THE  TRIAL  OF  COL.  AARON  BURR,  on  an  indictment  for  treason,  be- 
fore the  Circuit  Court  of  the  United  States,  at  Richmond,  Virginia,  1807,  including 
tlie  arguments  and  decisions;  in  three  volumes :  by  T.  Carpenter. 

6.  REPORT  OF  THE  TRIAL  BY  IMPEACHMENT  OF  JAMES  PREST- 
COTT,  Judge  of  the  Probate  of  Wills,  before  the  Senate  of  Massachusetts,  in 
1821;  with  an  account  of  former  impeachments  in  that  State:  1821. 

7.  HISTORICAL  REGISTER  OF  THE  UNITED  STATES,  FROM  THE  DF, 
CLARATION  OF  AVAR,  in  1812,  to  January  1,  1814;  in  4  volumes:  1816.    Re- 
view of  the  political  institutions  of  the  United  States;  official  documents  of  tha 
war,  &c.,  &c. 

8.  THE  NATIONAL  REGISTER:  containing  a  series  of  public  documents, 
proceedings  in  Congress,  statistical  tables,  reports,  and  essays,  upon  agriculture, 
manufactures,  commerce,  finance,  science,  literature,  and  the  arts;  with  biogra- 
phical sketches  and  political  events:  by  Joel  K.  Mead  :  1816. 

9.  STATISTICAL  ANNALS:  embracing  views  of  the  population,  commerce 
navigation,  fisheries,  public  lands,  post-office  establishment,  revenues,  mint,  mili- 
tary and  naval  establishments,  expenditures,  public  debt,  and  sinking  fund  of  tha 


472 

United  States  of  America ,   founded  on  official  documents,  commencing  March  4, 
1789,  and  ending  April  20, 1818 :  by  Adam  Seybert. 

CLASS  No.  20. 
THE  LIBRARY  OF  CONGRESS. 

The  library  provided  for  Congress,  after  the  removal  of  the  Govern- 
ment to  Washington,  having  been  destroyed  in  the  burning  of  the  Caoi- 
tol  by  the  enemy,  in  1814,  the  valuable  library  of  Thomas  Jefferson, 
which,  with  the  best  opportunities  and  his  well-known  ability,  it  had 
taken  that  eminent  statesman  a  long  series  of  years  to  accumulate,  was 
purchased  for  Congress,  under  a  joint  resolution  of  October  21,  1814, 
and  an  act  of  January  30,  1815,  and  now  constitutes  the  basis  of  the 
Congressional  or  National  Library.  Upon  this  foundation  Congress 
have,  by  a  moderate  but  regular  process,  been  adding  to  the  volume  of 
literature,  science,  and  the  fine  arts,  which,  in  the  acquisition  of  the 
library  of  that  republican  patriarch,  had  already  adorned  the  Capitol  of 
the  republic ;  and  by  the  operation  of  this  regular  annual  provision, 
managed,  as  it  has  been,  and  will  continue  to  be,  by  the  united  judgment 
of  the  joint  committee  of  the  two  Houses  of  Congress,  aided  in  their 
active  measures  by  their  literary  agents,  and  by  the  zeal  and  experience 
of  the  worthy  librarian  and  his  assistants,  is  destined  to  become  an  ample 
source  of  useful  knowledge,  which,  through  the  able  minds  and  eloquent 
voices  of  the  distinguished  representatives  of  the  States  and  of  the  peo- 
ple, as  well  as  of  those  of  other  citizens  who  have  free  access  to  this  pe- 
rennial source,  will  be  diffused  through  the  country  for  the  public  benefit, 
elevating  its  literary  taste  and  character,  purifying  its  moral  sentiment, 
and  increasing  its  power;  for  true  knowledge,  communicated  through 
pure  channels,  is  the  solid  source  of  these  and  other  national  blessings. 

The  limited  space  to  which  we  are  here  necessarily  confined  will  only 
admit  of  a  reference  to  the  general  heads  or  chapters  embraced  in 
this  collection,  and  to  a  few  particulars  which  the  political  history  and 
public  transactions  of  our  own  country  may  render  more  immediately  in- 
teresting. 

TABLE    OF    CHAPTERS. 

I.  Ancient  History.  3.  Modern  History : 

2   Modern  History:  England. 

Southern  Kit  rope.  Scotland. 

Northern  Europe.  Ireland. 

Turkey.  •          4.  Modern  History: 

Asia.  America. 

Africa,  &c.,  A.C.  American  Newspaper*. 


473 


5.  Ecclesiastical  History. 

6.  Natural  Philosophy. 

7.  Agriculture. 

8.  Chemistry. 

9.  Surgery. 

10.  Medicine. 

11.  Anatomy. 

12.  Zoology. 

13.  Botany. 

14.  Mineralogy  and  Conchology. 

15.  Occupations    of  Man  —  Technical 

Arts. 

16.  Ethics: 

1.  Moral  Philosophy. 

2.  Law  of  Nature  and  Nations. 

17.  Religion. 

18.  Common  Law : 

1.  Commentaries,  Treatises.  En- 

tries, Conveyancing,  &c. 

2.  Criminal  Law  and  Trials. 

3.  Military    Law,     Courts-Mar- 

tial. &c. 

19.  Common  Law : 

British  Reports 
American  Reports,  viz.: 
Supreme  Court  United  States. 
Circuit  Courts  United  States. 
General  Digests  of  Reports. 
Courts  of  Maine. 

New  Hampshire. 

Vermont. 

Massachusetts. 

Connecticut. 

New  York. 

New  Jersey. 

Pennsylvania, 

Delaware. 

Maryland. 

Virginia. 

North  Carolina. 

South  Carolina, 

Georgia. 

Alabama 

Tennessee. 

Kentucky. 

Ohio. 

Indiana. 


19.  Common  Law: 

American  Reports,  viz. : 
Courts  of  Illinois. 

Louisiana. 
Mississippi. 

20.  Equity — Treatises  and  Reports. 

21.  Law,  Ecclesiastical — Treatises  and 

Reports. 

22.  Law,    Merchant    and    Maritime- 

Treatises  and  Reports. 

23.  Law: 

1.  Civil  Law,  Codes,  &c. 

2.  British  Statutes. 

3.  Laws  of  the  U.  S.  and  of  the 

several  States,  &c.,  viz.  • 
The  United  Stales. 
State  of  Maine. 

New  Hampshire. 

Vermont. 

Massachusetts. 

Rhode  Island. 

Connecticut. 

New  York. 

New  Jersey. 

Pennsylvania. 

Delaware. 

Maryland. 

Virginia. 

North  Carolina. 

South  Carolina. 

Georgia, 

Alabama, 

Arkansas. 

Kentucky. 

Tennessee 

Ohio. 

Indiana. 

Illinois. 

Michigan. 

Missouri. 

Louisiana. 

MississippL 

Florida. 
District  of  Columbia. 

24.  Politics. 

25.  Mathematics,  Pure — Arithmetic 

26.  Mathematics,  Pure — Geometry. 


474 

27.  Physico-Mathemntics :  32.  Fine  Arts— Music. 

Mechanics,    Statics,    Dynamics,  33.  Poetry,  Epic. 

Pneumatics,  Phonics,  Optics.  34.  Romance— Tales,  Fables,  kc. 

28.  Astronomy.  35.  Poetry — Pastorals,  Odes,  Elegies, 
29    Geography:  &.C. 

Section  1.  General.  36.  Poetry,  Didactic. 

2.  Europe.  37.  Tragedy. 

3.  Asia.  38.  Comedy. 

4.  Africa.  39.  Dialogue,  Epistolary. 

5.  America.  40.  Logic;  Rhetoric;  Orations. 
Maps.  41.  Criticism — Theory. 

30.  Fine  Arts — Architecture.  42.  Criticism — Bibliography 

31.  Fine    Arts — Gardening,    Painting,        43.  Criticism — Languages. 

Sculpture,  &c.  44.  Polygraphical. 

AMERICAN    HISTORY. 

Allen,  Paul.    History  of  the  American  Revolution.    Printed  in  1822. 

Bancroft,  Aaron.    Life  of  George  Washington:  1826. 

Bancroft,  George.  History  of  the  United  States  from  discovery  of  the  American 
Continent  to  1837. 

Blount,  Joseph.  Historical  Sketch  of  the  formation  of  the  Confederacy,  Provin- 
cial Limits,  and  the  Jurisdiction  of  the  General  Government  over  Indian 
Tribes  and  Public  Territory:  1825. 

Carpenter,  T.  C.    Memoirs  of  Thomas  Jefferson:  1309. 

Davis,  Paris  M.  Authentic  History  of  the  late  War  between  the  United  States 
and  Great  Britain;  with  a  full  Account  of  every  Battle  by  Sea  and  by  Land. 
1836. 

Hamilton,  John  C.    Life  of  Alexander  Hamilton:  1834. 

Jefferson.  Memoir,  Correspondence,  and  Miscellanies,  from  the  Papers  of  Thomas 
Jefferson,  in  4  volumes.  By  Thomas  Jefferson  Randolph:  1830. 

Madison.  The  Madison  Papers;  being  James  Madison's  Correspondence  and 
Reports  of  Debates  during  the  Congress  of  the  Confederation,  and  his  Re- 
ports of  Debates  in  the  Federal  Convention  from  the  Original  Manuscript 
purchased  by  order  of  Congress.  Published  by  direction  of  the  Joint  Li- 
brary Committee,  under  the  superintendence  of  Henry  D.  Gilpin,  in  three 
volumes:  1841. 

Marshal.  John.    Life  of  George  Washington;  with  an  Atlas:  1832. 

Tucker,  George.  Life  of  Thomas  Jefferson ;  with  parts  of  his  Correspondence 
never  before  published,  and  Notices  of  his  Opinions  on  Questions  of  Civil 
Government,  National  Policy,  and  Constitutional  Law :  1837. 

Washington.  Writings  of  George  Washington;  being  his  Correspondence,  Ad- 
dresses, Messages,  and  Papers,  Official  and  Private,  selected  and  published 
from  the  Original  Manuscripts  ;  with  a  Life  of  the  Author,  by  Jared  Sparks  : 
1837. 

NEWSPAPERS. 

Bache'e  General  Advertiser,  1795-6-7. 

Bache  &.  Duane's  Aurora,  from  1798  to  1814 


475 

Brown's  Philadelphia  Gazette,  from  1794  to  1800. 
Carey's  United  States  Recorder,  from  179bto  1800. 
Delaware  Gazette.  Political  Mirror,  &c.,  from  1798  to  1800. 
Denniston's  Republican  Watch  Tower,  from  1800  to  1809. 
Duane's  Weekly  Aurora,  from  1810  to  1821. 
Dunlap's  American  Daily  Advertiser,  from  1791  to  1793. 
Dunlap  &.  Claypole's  American  Daily  Advertiser,  1794-5. 
Dunlap  &  Claypole's  Pennsylvania  Packet,  &c.,  from  1785  to  1789. 
Fenno's  Gazette  of  the  United  States,  from  1789  to  1798. 
Globe,  Daily,  City  of  Washington,  from  1832  to  1845. 
Mudisonian,  do.          1837-8. 

National  Intelligencer,        do.          from  1800  to  1813. 

Do.  Daily,  from  1814  to  1847. 

National  Journal,  Daily,  from  1826  to  1831. 
Philadelphia  Gazette,  &.C.,  1795  to  1797. 
Richmond  Enquirer,  1809  to  1814. 
United  States  Telegraph,  Daily,  182S  to  1837. 
Universal  Ga/.ettc,  by   Samuel  Harrison  Smith,  Philadelphia  and  Washington 

City,  1798  to  1808. 
Virginia  Argus  and  Enquirer,  (bound  together,)  1S04  to  1808 

Do.  do.  do.  1797  to  1803,  and  1809  to  18ia 

Washington  City  Gazette,  from  1815  to  1826. 

POLITICS. 

AD  AIMS,  JOHN.  Defence  of  the  Constitutions  of  Government  of  the  United  State* : 
1787. 

ADAMS,  JOHN.  History  of  the  Dispute  with  America,  from  its  Origin  in  1754, 
to!7S4. 

ADAMS,  JOHN  QUINCY.  Duplicate  Letters;  The  Fisheries  and  the  Missis- 
sippi;  Documents  relating  to  the  transactions  at  the  Negotiations  of  Ghent: 
1822. 

ADAMS  &  SEW  ALL.  Novanglus  and  Massachusettensis,  or  Political  Essays: 
1774-5. 

AMERICAN  REMEMBRANCER;  or.  an  Impartial  Collection  of  Essays,  Re- 
solves, Speeches,  &c.,  relative  to  "Jay's  Treaty"  with  Great  Britain:  1795. 

AMERICAN  GUIDE.    Constitutions  of  the  several  States :  1833. 

AMES,  FISHER.    Works;  with  his  Life  and  Character:  1809. 

ARISTOTLE.   Treatise  on  Government.   Translated  from  the  Greek.   Lond.  1778. 

BECCARIA,  B.  C.,  Marquis.     Meditazioni  sulla  Economia  Politica.     Genoa,  1771. 

CARPENTER,  THOMAS.  American  Senator;  or,  Report  of  the  Debates  in  the 
Congress  of  the  United  States  in  1796-7. 

DEBATES  in  first  House  of  Representatives  of  the  United  States  from  1789  to 
1791 ;  by  Thomas  Lloyd. 

DEBATES  and  Proceedings  in  Congress  of  the  United  States,  from  March  4, 
1789,  to  March  3,  1791 :  by  Joseph  Gales,  sen. 

DEBATES  in  the  House  of  Representatives  of  the  United  States,  on  "Jay'i 
Treaty"  with  Great  Britain :  1796 

44 


476 

DEBATES  in  Congress  of  the  United  States  on  the  bill  for  repealing  the  law  "for 

the  more  convenient  organization  of  the  Courts  of  the  United  States:"  1802. 
DEBATE  in  House  of  Representatives  on  the  Seminole  War,  in  1819. 
DEBATES  in  Congress  on  passage  of  Bill  for  removal  of  the  Indians  In  1830. 
DICKINSON,  JOHN.     Political  Writings:  1801. 
DIPLOMATIC  CORRESPONDENCE  of  the  United  States  from  September  10, 

1783,  to  March  4,1789;  by  Jared  Sparks:  1834. 
DUER,  WILLIAM  A.    Outlines  of  the  ConstituticnalJurisprudence  of  the  United 

States:  1833. 
DU  PONCEAU,  PETER  S.    Brief  View  of  the  Constitution  of  the  United  Stales: 

1834. 
FEDERALIST,  on  the  New  Constitution,  written  in  the  year  1783,  by  Hamilton, 

Madison,  and  Jay;  with  the  Letters  of  Pacificus  and  Helvidius,  on  the  Pro 

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of  the  United  States:  1831. 

GALLATIN,  ALBERT.    Sketch  of  the  Finances  of  the  United  States:  1796. 
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observations.    New  edition  ;  with  additions:  1818. 
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Senate  of  the  United  States,  with  the  Rules  of  the  Senate  and  of  the  House 

of  Representatives;  Constitution  of  the  United  States,  &c. :  1828. 
JOURNAL  of  Convention  that  formed  the  Constitution  of  the  United  States :  1767. 
JOURNAL  of  Convention  of  Virginia  for  ratifying  same  :  1763. 
JOURNAL  of  the  House  of  Burgesses  of  Virginia  from  1740  to  1774. 
JOURNAL  of  the  House  of  Delegates  of  Virginia  from  1774  to  1790. 
JOURNAL  of  the  Convention  of  Massachusetts  for  framing  a  Constitution,  in 

1779-1780. 

JOURNAL  of  the  Convention  of  the  people  of  South  Carolina  in  1832-3. 
JOURNAL  of  the  Convention  of  New  York  in  1821. 

JOURNAL  of  the  House  of  Representatives  of  Pennsylvania  from  1806  to  1816. 
JOURNAL  of  the  Senate  and  Assembly  of  New  York  from  1820  to  183a 
JOURNALS  of  the  American  Congress  from  1774  to  1788. 
JOURNALS  of  the  House  of  Representatives  of  the  United  States,  from  1789  to 

1847. 

JOURNALS  of  the  Senate  of  the  United  States,  from  1789  to  1847. 
KEY  to  both  Houses  of  Parliament;  consisting  of  Alphabetical  Notices  of  the 

Lords  and  Commons;  the  Regulations  and  Standing  Orders  of  both  Houses; 

•with  every  other  species  of  Information  respecting  the  Constitution,  History, 

and  Usages  of  Parliament.    London:  1832. 


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to  the  Mississippi  River,  by  Coriolanus  and  Camillus.  Addresses  on  the 
late  cession  of  Louisiana  to  the  United  States. 

LOUISIANA.  Message  from  the  President  communicating  Discoveries  in  Ex- 
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Dunbar;  with  a  Statistical  Account  of  the  Countries  adjacent :  1806.  • 

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MADISON,  JAMES.    Letters  to  Mr.  Monroe  on  Impressment,  Colonial  trade, 

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MALTHUS,  T.  R.    Definitions  in  Political  Economy.    London,  1828. 

Essay  on  the  Principles  of  Population.  Lond.  1806. 
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Inquiry  into  the  Nature  and  Progress  of  Rent.    Lond.  1815. 
Principles  of  Political  Economy  considered,  with  a  riew  to 
their  practical  application.    Lond.  1836. 

MANUAL  of  the  Practice  of  Parliament,  in  passing  Public  and  Private  Bills, 
with  Standing  Orders  of  both  Houses,  from  1685  to  1829.  Lond.  1829. 

MARYLAND.  Proceedings  of  the  Conventions  of  the  Province  of  Maryland, 
held  at  Annapolis  in  1774.  1775,  1776. 

MONROE.  JAMES.  View  of  the  conduct  of  the  Executive  in  the  Foreign  Af- 
fairs of  the  United  States,  as  connected  with  the  mission  to  the  French 
Republic  in  1794. 

MONROE,  JAMES.    Correspondence  relative  to  the  British  Treaty  of  1806. 

MONTESQUIEU,  C.  de  Secondat,  Baron  de.    ffiuvres;  1767. 

Spirit  of  Laws,  translated  by  Thomas  Nugent:  1823. 

MOSES,  MYER.  Commercial  Directory  and  a  Digest  of  the  Laws  of  the  United 
States  relating  to  Commerce ;  including  a  Tariff,  or  Rates  of  Duties  and 
Tables  of  Calculation,  applicable  to  all  manufactures  of  wool  or  cotton  im- 
ported into  the  United  States:  1830. 

NEW  JERSEY.  Journal  of  Provincial  Congress ;  of  the  Convention ;  Committee 
of  Safety  ;  Ordinance  for  regulating  the  Militia,  in  1775. 

NEW  YORK.  Journals  and  Documents  of  the  Senate  and  Assembly  of  the  State 
of  New  York,,  from  1820  to  1838. 

NORTH  CAROLINA.  Declaration  of  Independence  by  the  citizens  of  Mecklen- 
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the  Constitution  in  1835. 


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OUDERS.  Essential  and  fundamental  Rules.  &c.,  of  the  House  of  Commons,  r«- 
lating  to  their  Forms  of  Proceedings,  Privileges,  &.c. :  1756. 

ORDERS  on  Controverted  Elections  and  Returns:  1741. 

PAMPHLETS,  POLITICAL,  in  relation  to  the  Revolutionary  war  of  the  United 
States  of  America,  from  1765  to  1781. 

PAMPHLETS,  POLITICAL.  The  same  by  A.  Hamilton,  J.  Madison  and  others; 
also,  Plea  for  the  poor  soldiers  who  really  and  actually  supported  the  burden 
•  of  the  war. — [With  a  large  collection  made  by  Mr.  Jefferson  of  Political 
Pamphlets  on  various  exciting  and  interesting  subjects,  which  in  turn 
agitated  the  public  mind,  from  1798  to  1812,  several  of  which  were  written 
by  himself,  J.  Madison,  A.  Hamilton,  E.  Randolph,  A.  Gallatin.  R.  G.  Har- 
per, De  Witt  Clinton,  W.  C.  Nichols,  C.  Pinckney,  R.  H.  Lee.  Oliver  Wnl- 
cott,  John  Adams,  Samuel  Adams,  T.  Pickering.  S.  Smith,  \V.  Giles,  Earl 
of  Buchan,  Mr.  Leigh,  of  Dinwiddie,  James  Monroe,  and  many  other  dis- 
tinguished statesmen,  as  well  as  other  political  writers  and  Editors  of 
public  Journals.] 

PITKIN,  TIMOTHY.  Statistical  view  of  the  Commerce  of  the  United  States; 
Banks,  Manufactures,  and  Internal  Trade  and  Improvements ;  also  Revenue 
and  Expenditures  of  the  General  Government:  1835. 

POLITICAL  CLASSICS,  viz.:  Algernon  Sidney's  Discourses  on  Government, 
with  his  letters  and  memoirs  of  his  life,  &c.:  1795. 

PRESIDENTS'  ADDRESSES  and  Messages,  from  17S9  to  1837. 

RAWLE,  WILLIAM.    View  of  the  Constitution  of  the  United  Stages :  1S20. 

REGISTER  OF  OFFICERS  and  Agents,  Civil,  Military  and  Naval,  in  the  ser 
vice  of  the  United  States  in  1802,  the  same  from  1816  to  1845. 

REPO  RTS  of  the  Secretary  of  the  Treasury  on  the  Finances,  from  1790  to 
1836. 

SAY,  J.  B.  Catechism  of  Political  Economy,  letters  to  Malthus,  Traite"  d'Economie 
Politique,  Treatise  on  Political  Economy ;  translated  from  the  French,  with 
notes  :  1821. 

SECRET  JOURNALS  of  the  Acts  and  Proceedings  of  Congress,  from  the  first 
meeting  in  1774,  to  the  dissolution  of  the  Confederation,  in  1789. 

SEYBERT,  ADAM.  Statistical  Annals ;  embracing  views  of  the  Population, 
Commerce,  Fisheries,  Public  Lands.  Revenues,  Mint,  &c.:  1818. 

STORY,  JOSEPH.  Commentaries  on  the  Constitution  of  the  United  States,  with 
a  Preliminary  Review  of  the  Constitutional  History  of  the  Colonies  and 
States,  before  the  adoption  of  the  Constitution:  1833. 

STORY.  JOSEPH.  Constitutional  Class  Book,  being  a  brief  exposition  of  tho 
Constitution:  1834. 

TEXAS.  Constitution  of  the  Republic  of  Mexico  and  of  the  State  of  Coahtiila 
and  Texas :  1832. 

TENNESSEE.    Description  of  this  State  and  its  constitution  :  1796. 

TRACTS.     Considerations  on  the  Society  or  Order  of  Cincinnati:  17S3. 

VINDICATION  of  Edmund  Randolph's  Resignation:  1795. 

VIRGINIA  and  Kentucky  resolutions  of  1798  and  1799,  with  T.  Jefferson's  ori- 
ginal draught  thereof :  also  Madison's  report;  C'ulhouu's  addrass:  1832. 


479 

VIRGINIA.  Proceedings  of  the  Convention  of  Delegates  for  the  Counties  and 
Corporations  in  the  Colony  of  Virginia,  held  in  Richmond.  March  20,  1775: 
1816. 

WAIT'S  State  Papers  and  Public  Documents  of  the  United  States,  from  1789  to 

isia 

WATTERSTON  AND  VAN  ZANDT.  Tabular  Statistical  Views  of  the  Com- 
merce, &c.,  of  the  United  States  :  1SJ9. — Continuation  of  the  same:  1S33. 

YATES,  ROBERT.  Secret  Proceedings  and  Debates  of  the  Convention  which 
formed  the  Constitution  of  the  United  States :  1S21. 

CLASS  No.  21. 
DEPARTMENT  OF  STATE. 

The  eminent  statesmen  who  have  from  time  to  time  occupied  the 
highly  important  and  responsible  station  of  Secretary  of  State,  have  not 
been  unmindful  of  the  utility  of  providing  for  themselves  and  their  suc- 
cessors in  office,  a  choice  and  valuable  collection  of  books,  maps,  charts, 
and  atlases  appropriate  to  the  peculiar  business  of  the  Department,  and 
indispensable  in  the  performance  of  their  extensive  and  varied  duties,  as 
well  as  others  in  various  branches  of  the  liberal  arts,  literature  and 
science.  The  limited  design  of  this  volume  will  not  admit  of  the  inser- 
tion of  more  than  the  general  heads,  and  a  reference  to  a  few  volumes 
of  general  public  utility  of  this  collection: — • 

GENERAL  HEADS. 

Ancient  history — Modern  history,  Foreign,  British  and  American — Biography 
and  Memoirs — Natural  history — Botany — Mineralogy  and  Geology — Natural 
philosophy — Agriculture  and  Horticulture — Chemistry — Anatomy  and  Surgery- 
Medicine — Occupations  of  Man,  Technical  Arts,  Education,  Roads  and  Canals, 
Military  Tactics — Mental  Philosophy  and  Ethics — Religion— Law  of  Nature  and 
Nations — Laws  of  the  United  States — Laws  of  the  several  States  and  Territories 
— JURISPRUDENCE;  comprehending,  Law  in  general,  the  Civil  Law,  the  Law  of 
Equity,  the  Common  Law,  Constitutional  Law,  the  Law  Merchant  and  Maritime, 
the  Law  Military  and  the  Law  Ecclesiastical — JURISPRUDENCE  ;  comprehending, 
English  and  American  Reports  of  Cases — Foreign  Law — POLITICS;  comprehend- 
ing, Diplomacy,  Treaties,  Negotiations,  Constitutions  or  forms  of  Government, 
Statistics,  Commerce,  Finance,  Political  Economy,  Journals  and  histories  of 
Legislative  Bodies,  Foreign  State  Papers,  Political  Pamphlets  and  General 
Treatises— POLITICS  ;  comprehending  American  State  Papers  and  Political 
Pamphlets — Mathematics — Arts  and  Sciences — GEOGRAPHY  ;  comprehending, 
General  Geography,  Voyages  and  Travels^GsoGRAPHY ;  comprehending,  At- 
lases, Maps  and  Charts — PHILOLOGY;  comprehending,  Dictionaries,  Lexicons, 
Grammars  and  Elementary  works — Oratory  and  Rhetoric — Magazines,  Reviewt 
and  Political  Journals — Miscellaneous. 

Of  these,  partieular  reference  will  be  made  only  to  the  following: — 
44* 


480 

LAW   OF   NATURE    AND   OF   NATIONS. 

ARNOULD.  Systfime  Maritime  et  Politique  des  Europeans,  pendent  le  dix- 
huhifime  sificle,  fonde  sur  leurs  Traites  de  Paix,  de  Commerce,  et  Naviga- 
tion :  1797. 

BOUCHER.  Consulat  de  la  Mer,  ou  Pandecles  du  Droit  Commercial  et  Maritime : 
1494.  Printed,  180a 

BOUCHER,  Institution  an  Droit  Maritime :  1803. 

BURLAMAQUI.  Principes  du  Droit  de  la  Nature  et  des  Gens.  The  same  trans- 
lated into  English,  by  Nugent :  1823. 

BURLAMAQUI.  Elemens  du  Droit  Nature!,  par  Burlamaqui;  et  Devoirs  de 
L'Homme  et  du  Citoyen,  tels  qu'ils  lui  sont  prescrits  par  la  Loi  Naturelle, 
traduits  du  Latin  de  Pufendorf  par  Barbeyrac,  avec  les  Notes  du  Traduc- 
teur  et  le  judgement  de  Leibnitz :  1820. 

CORNELII  Van  Bynkershoek,  Opera :  1752. 

CODIGO  de  las  Costumbres  Maritimas  de  Barcelona,  hasta  aqui  .vulgarmente 
Llamado  Libro  del  Consulado:  por  D.  Antonio  de  Capmany,  y  de  Mon- 
palan.  Madrid  :  1791. 

OROTIUS'S  rights  of  War  and  Peace,  including  the  Law  of  Nature  and  Nations, 
translated  from  the  original  Latin,  with  Notes  and  illustrations  from  the 
best  political  and  legal  writers. — [In  French,  1724,  and  English,  1614.] 

HEINECCIUS,  Scriptores  de  Jure  Maritime  :  1740. 

JACOBSEN'S  Laws  of  the  Sea,  with  reference  to  Maritime  Commerce  during 
peace  and  war  :  1818. — [In  German  and  English.] 

LE  BRUN.    Libertad  de  los  Mares:  1820. 

LENOUVEAU  VALIN,  ou  Code  Commercial  Maritime  par  Sanfourche-La- 
porle:  1S09. 

M ABLY.  Le  Droit  public  de  L'Europe  fonde'  stir  les  Traites :  1764. 

MAHTENS'S  Summary  of  the  Law  of  Nations,  with  a  list  of  the  principal  Treaties 
concluded  since  1748  down  to  the  present  time,  indicating  the  works  in 
which  they  are  to  be  found ;  translated  from  the  French  by  William  Cob- 
belt :  1795. 

MARTENS.  Guide  Diplomatique  ou  trait^  des  droits,  des  immunite's  et  des 
devoirs,  des  Ministres  publics,  des  agens  diplomatiques  et  consulaires, 
dans  toute  1'etendue  de  leurs  fonctions,  pre'ce'de'  de  considerations  g^nerales 
sur  I'e'tude  de  la  diplomatic;  suivi  d'un  traitfi  du  style  des  compositions 
diplomatique,  d'une  bibliographic  diplomatique  choisie,  etc.  etc.  Paris : 
1837. 

PEUCHET,  Du  Commerce  des  Neutres  en  temps  de  Guerre,  traduit  de  L'ltalieu 
de  Lampredi :  1802. 

PUFENDORFII  de  Jure  Nature  et  Gentium.  Libri  octo:  169a 

RUTHERFORD'S  Institutes  of  Natural  Law:  1799. 

SYSTEMS  Universel  des  principes  de  Droit  Maritime  de  L'Europe,  par  D.  A. 
Azuni,  traduit  d'ltalien  par  M.  Digeon:  1798. 

TR  ATADO  JURIDICO- POLITICO,  sobre  Pressas  de  Mar,  y  calidades  que  deben 
concurrir  para  hacerse  legitimamente  el  Corso  :  eu  Autor  Don  Felix 
Joseph  de  Abreu,  y  BerUxlano.  Cadiz :  1746. 


481 

VALIN-    Nouveau  Commentaire  sur  L'Ordonnance  de  la  Marine:  1881. 

VATTEL'S  Law  of  Nations  ;  or  principles  of  the  Law  of  Nature,  applied  to  th« 
conduct  and  affairs  of  Nations  and  Sovereigns. — [In  French,  1775,  and 
English,  1820.] 

WARD'S  Inquiry  into  the  foundations  and  history  of  the  Law  of  Nations  in  Eu- 
rope, from  the  time  of  the  Greeks  and  Romans,  to  the  age  of  Grotius  :  1795. 

WENCKII  Codex  Jurisgentium. 

WHEATON'S  Digest  of  the  Law  of  Maritime  Captures  and  Prizes  :  3815. 
Elements  of  International  Law:  1846. 

VVICQUEFORT'S  Ambassador  and  his  functions :  to  which  is  added  an  his- 
torical Discourse  concerning  the  election  of  the  Emperor,  and  the  Electors  . 
translated  into  English  by  Mr.  Digby. 

MISCELLANEOUS   BOOKS. 

ELLIOT'S  Diplomatic  Code  of  the  United  States  of  America:  embracing  a  col- 
lection of  Treaties  and  Conventions  between  the  United  States  and  Foreign 
Powers,  from  1778  to  1827. 

HALL'S  Observations  on  the  Warehousing  System  and  Navigation  Laws,  &c. : 
1821. 

HAMILTON'S  (Alexander)  Works,  printed  in  1810. 

HATSELL'S  Precedents  of  Proceedings  in  the  House  of  Commons;  with  obser- 
vations: 1786. 

LORD'S  Principles  of  Currency  and  Banking.    New  York  :  1829. 

McARTHUR'S  Financial  and  Political  Facts  of  the  18th  Century  :  1801. 

MALTHUS'S  Principles  of  Political  Economy  :  1821. 

Essay  on  the  Principle  of  Population:  1809. 

PHILLIPS'S  Manual  of  Political  Economy :  1828. 

RAYMOND'S  Elements  of  Political  Economy :  1823. 

SAY'S  Treatise  on  Political  Economy,  translated  from  the  French:  1827. 
Catechism  of  Political  Economy,  do.:  1816. 

SKIDMORE'S  Rights  of  Man  to  Property:  1829. 

SMITH'S  Inquiry  into  the  Nature  and  Causes  of  the  Wealth  of  Nations,  with 
Notes  and  Supplementary  Chapters,  by  William  Playfair:  1818. 

TAYLOR'S  Construction  Construed,  and  Constitutions  Vindicated  :  1820. 

THE  DIPLOMACY  of  the  United  States:  being  an  account  of  the  Foreign  Rela- 
tions of  the  country,  from  1778  to  1814.  Printed  in  1826. 

A  DIGEST  of  the  Commercial  Regulations  of  the  different  Foreign  Nations  with 
which  the  United  States  have  intercourse  :  1824. 

A  GENERAL  Outline  of  the  United  States  of  North  America,  her  Resources  and 
Prospects,  with  a  Statistical  Comparison,  showing  the  advances  made  in 
National  Opulence  in  thirty  years :  1823. 

NOVANGLUS  AND  MASSACHUSETTENSIS,  or  Political  Essays,  published 
in  1774  and  1775,  on  the  principal  points  of  controversy  between  Great  Bri- 
tain und  her  colonies :  the  former  by  John  Adams,  the  latter  by  Jonathan 
Sewall :  1819. 

PITKIN'S  Statistical  View  of  the  Commerce  of  the  United  States  cf  America, 
its  connection  with  Agriculture  and  Manufactures :  1817. 


482 

POLITICAL  MISCELLANIES,  compiled  by  W.  B.  Giles:  1829. 

SELECT  PAMPHLETS,  consisting  of  an  exposition  of  the  causes  and  character 
of  the  war;  and  an  examination  of  the  British  Doctrine  which  subjects  to 
capture  a  Neutral  Trade  not  open  in  time  of  peace:  1815. 

SEYBERT'S  Statistical  Annals  of  the  United  States  of  America:  1818. 

THE  AMERICAN  REMEMBRANCER,  or  an  Impartial  collection  of  Essays.  Re- 
solves, Speeches,  &c.,  relative  to  the  Treaty  (Jay's)  with  Great  Britain :  1795. 

THE  DIPLOMATIC  Correspondence  of  the  American  Revolution.  By  Jared 
Sparks:  1829. 

THE  DUPLICATE  LETTERS;  the  Fisheries,  and  the  Mississippi:  documents 
relating  to  transactions  at  the  negotiations  of  Ghent,  collected  and  published 
by  John  Quincy  Adams  :  1822. 

WAFTS  State  Papers,  and  public  documents  of  the  United  States :  1819. 

WATTERSTON  AND  VAN  ZANDTS  Tabular  Statistical  Views  of  the  United 
States:  1829. 

BLOUNT'S  Historical  Sketch  of  the  formation  of  the  Confederation,  particularly 
•with  reference  to  the  Provincial  Limits  and  the  Jurisdiction  of  the  General 
Government  over  Indian  tribes  and  the  public  territory :  1325. 

DEBATES  and  other  Proceedings  of  the  Convention  of  Virginia,  convenpd  in 
June,  1788,  for  the  purpose  of  deliberating  on  the  Constitution  of  the  United 
Slates:  1805. 


483 


CHAPTER  12. 

ARTICLES   OF   CONFEDERATION  AND   PERPETUAL  UNION 
BETWEEN  THE  STATES. 

(See  remarks,  Chapter  2,  pages  129  to  131,  and  residue  of  that  Chapter. 
"         Chapter  10,  pages  397,  398,  and  406  to  421.) 

«J  ha  toi/touHnq,  n/cwve  t>ec*v  etiti/ea/lui-  oonUvo/teO  until/  fclve  O^KWIUM! 
0/loi.twM/e*  ot  HocHvpeo-eVo/ti/on,  wv  ttve.  ^Deiva/tbiTuetvt  oj-  Ota/be,  aivo 
j-ciuvo  to  oo-tvpo-'tm/  m/wui/teut'  to  Uvem/  uv  teat,  LetteV,  cuvo  IviuvotivatiXfiv. 
'.y  fc  m<ui/  tlve'^ctoVe  t>e  Veu/eo  tUvwv  a-s  a/  tUte  co-tut-. 

TO  ALL  TO  WHOM  THESE  PRESENTS  SHALL  COME, 
WE  THE  UNDERSIGNED  DELEGATES  OF  THE  STATES 
AFFIXED  TO  OUR  NAMES,  SEND  GREETING.— Whereas  the 
Delegates  of  the  United  States  of  America  in  Congress  assembled  did  on 
the  15th  day  of  November  in  the  Year  of  our  Lord  1777,  and  in  the 
Second  Year  of  the  Independence  of  America  agree  to  certain  articles 
of  Confederation  and  perpetual  Union  between  the  States  of  New  Hamp- 
shire, Massachusetts-bay,  Rhode-island  and  Providence  Plantations, 
Connecticut,  New- York,  New- Jersey,  Pennsylvania,  Delaware,  Mary- 
land, Virginia,  North-Carolina,  South- Carolina,  and  Georgia,  in  the 
words  following,  viz. 

"ARTICLES  OF  CONFEDERATION  AND  PERPETUAL  UNION 
BETWEEN  THE  STATES  OF  NEW-HAMPSHIRE,  MASSA- 
CHUSETTS-BAY, RHODE-ISLAND  AND  PROVIDENCE  PLAN- 
TATIONS, CONNECTICUT,  NEW-YORK,  NEW-JERSEY,  PENN- 
SYLVANIA, DELAWARE,  MARYLAND,  VIRGINIA,  NORTH- 
CAROLINA,  SOUTH-CAROLINA,  AND  GEORGIA. 

ARTICLE  I.  The  Stile  of  this  confederacy  shall  be  "The  United 
States  of  America." 

ARTICLE  II.  Each  state  retains  its  sovereignty,  freedom  and  inde- 
pendence, and  every  Power,  Jurisdiction  and  right,  which  is  not  by  this 
confederation  expressly  delegated  to  the  united  states,  in  "engross 
assembled. 


4S4 

ARTICLE  III.  The  said  states  hereby  severally  enter  into  !i  firm 
league  of  friendship  with  each  other,  for  their  common  defence,  the 
security  of  their  Liberties,  and  their  mutual  and  general  welfare,  bind- 
ing themselves  to  assist  each  other,  against  all  force  offered  to.  or  attacks 
made  upon  them,  or  any  of  them,  on  account  of  religion,  sovereignty, 
trade,  or  any  other  pretence  whatever. 

ARTICLE  IV.  The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  different  states  in  this 
union,  the  free  inhabitants  of  each  of  these  states,  paupers,  vagabonds, 
and  fugitives  from  Justice  excepted,  shall  be  entitled  to  all  privileges 
and  immunities  of  free  citizens  in  the  several  states ;  and  the  people  of 
each  state  shall  have  free  ingress  and  regress  to  and  from  any  other 
state,  and  shall  enjoy  therein  all  the  privileges  of  trade  and  commerce, 
subject  to  the  same  duties,  impositions  and  restrictions  as  the  inhabitants 
thereof  respectively,  provided  that  such  restriction  shall  not  extend  so 
far  as  to  prevent  the  removal  of  property  imported  into  any  state,  to  any 
other  state  of  which  the  Owner  is  an  inhabitant ;  provided  also  that  no 
imposition,  duties  or  restriction  shall  be  laid  by  any  state,  on  the  pro- 
perty of  the  united  states,  or  either  of  them. 

If  any  person  guilty  of,  or  charged  with  treason,  felony,  or  other  hign 
misdemeanor  in  any  state,  shall  flee  from  Justice,  and  be  found  in  any 
of  the  united  states,  he  shall  upon  demand  of  the  Governor  or  executive 
power,  of  the  state  from  which  he  fled,  be  delivered  up  and  removed 
to  the  state  having  jurisdiction  of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to  the  re- 
cords, acts  and  judicial  proceedings  of  the  courts  and  magistrates  of 
every  other  state. 

ARTICLE  V.  For  the  more  convenient  management  of  the  general 
interest  of  the  united  states,  delegates  shall  be  annually  appointed  in 
such  manner  as  the  legislature  of  each  state  shall  direct,  to  meet  in  con 
gress  on  the  first  Monday  in  November,  in  every  year,  with  a  power 
reserved  to  each  state,  to  recal  its  delegates,  or  any  of  them,  at  any  time 
within  the  year,  and  to  send  others  in  their  stead,  for  the  remainder  of 
the  Year. 

No  state  shall  be  represented  in  congress  by  less  than  two,  nor  by 
more  than  seven  members ;  and  no  person  shall  be  capable  of  being  a 
delegate  for  more  than  three  years  in  any  term  of  six  years;  nor  shall 
any  person,  being  a  delegate,  be  capable  of  holding  any  office  under  the 
united  states,  for  which  he,  or  another  for  his  benefit  receives  any  salary, 
fees  or  emolument  of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  any  meeting  of  the 
states,  and  while  they  act  as  members  of  the  committee  of  the  states. 

In  determining  questions  in  the  united  states,  in  congress  assembled, 
each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  congress  shall  not  be  impeached  or 
questioned  in  any  Court,  or  place  out  of  congress,  and  the  members  of 
congress  shall  be  protected  in  their  persons  from  arrests  and  imprison- 


485 

meuts,  during  the  time  of  their  going  to  and  from,  and  attendance  on 
congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

ARTICLE  VI.  No  state  without  the  Consent  of  the  united  states  in 
congress  assembled,  shall  send  any  embassy  to,  or  receive  any  embassy 
from,  or  enter  into  any  conference,  agreement,  alliance  or  treaty  with 
any  King  prince  or  state;  nor  shall  any  person  holding  any  office  of 
profit  or  trust  under  the  united  states,  or  any  of  them,  accept  of  any  pre- 
sent, emolument,  office  or  title  of  any  kind  whatever  from  any  king, 
prince  or  foreign  state;  nor  shall  the  united  states  in  congress  assemhled, 
or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  confederation  or 
alliance  whatever  between  them,  without  the  consent  of  the  united  states 
in  congress  assembled,  specifying  accurately  the  purposes  for  which  the 
same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere  with 
any  stipulations  in  treaties,  entered  into  by  the  united  states  in  congress 
assembled,  with  any  king,  prince  or  state,  in  pursuance  of  any  treaties 
already  proposed  by  congress,  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any  state,  ex- 
cept such  number  only,  as  shall  be  deemed  necessary  by  the  united 
states  in  congress  assembled,  for  the  defence  of  such  state,  or  its  trade ; 
nor  shall  any  body  of  forces  be  kept  up  by  any  state,  in  time  of  peace, 
except  such  number  only,  as  in  the  judgment  of  the  united  states,  in 
congress  assembled,  shall  be  deemed  requisite  to  garrison  the  forts  ne- 
cessary for  the  defence  of  such  state ;  but  every  state  shall  always  keep 
up  a  well  regulated  and  disciplined  militia,  sufficiently  armed  and  ac- 
coutred, and  shall  provide  and  have  constantly  ready  for  use,  in  public 
stores,  a  due  number  of  field  pieces  and  tents,  and  a  proper  quantity  of 
arms,  ammunition  and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent  of  the  united 
states  in  congress  assembled,  unless  such  state  be  actually  invaded  by 
enemies,  or  shall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  state,  and  the  danger 
is  so  imminent  as  not  to  admit  of  a  delay,  till  the  united  states  in  con- 
gress assembled  can  be  consulted :  nor  shall  any  state  grant  commissions 
to  any  ships  or  vessels  of  war,  nor  letters  of  marque  or  reprisal,  except 
it  be  after  a  declaration  of  war  by  the  united  states  in  congress  assembled, 
and  then  only  against  the  kingdom  or  state  and  the  subjects  thereof 
against  which  war  has  been  so  declared,  and  under  such  regulations  as 
shall  be  established  by  the  united  states  in  congress  assembled,  unless 
such  state  be  infested  by  pirates,  in  which  case  vessels  of  war  may  be 
fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger  shall  con- 
tinue, or  until  the  united  states  in  congress  assembled  shall  determine 
otherwise. 

ARTICLE  VII.  When  land-forces  are  raised  by  any  state  for  thfl 
common  defence,  all  officers  of  or  under  the  rank  of  colonel,  shall  bt» 
appointed  by  the  legislature  of  each  state  respectively  by  whom  such 


486 

forces  shall  be  raised,  or  in  such  manner  as  such  state  shall  direct,  and 
all  vacancies  shall  be  filled  up  by  the  state  which  first  made  the  ap- 
pointment. 

ARTICLE  VIII.  All  charges  of  war,  and  all  other  expenses  that 
bhall  be  incurred  for  the  common  defence  or  general  welfare,  and  allowed, 
by  the  united  states  in  cor.gress  assembled,  shall  be  defrayed  out  of  a 
common  treasury,  which  shall  be  supplied  by  the  several  states,  in  pro- 
portion to  the  value  of  all  land  within  each  state,  granted  to  or  surveyed 
for  any  Person,  as  such  land  and  the  buildings  and  improvements 
thereon  shall  be  estimated  according  to  such  mode  as  the  united  states 
in  congress  assembled,  shall  from  time  to  time,  direct  and  appoint.  The 
taxes  for  paying  that  proportion  shall  be  laid  and  levied  by  the  authority 
and  direction  of  the  legislatures  of  the  several  states  within  the  time 
agreed  upon  by  the  united  states  in  congress  assembled. 

ARTICLE  IX.  The  united  states  in  congress  assembled,  shall  have 
the  sole  and  exclusive  right  and  power  of  determining  on  peace  and 
war,  except  in  the  cases  mentioned  in  the  6th  article — of  sending  and 
receiving  ambassadors — entering  into  treaties  and  alliances,  provided 
that  no  treaty  of  commerce  shall  be  made  whereby  the  legislative  power 
of  the  respective  states  shall  be  restrained  from  imposing  such  imposts 
and  duties  on  foreigners,  as  their  own  people  are  subjected  to,  or  from 
prohibiting  the  exportation  or  importation  of  any  species  of  goods  or 
commodities  whatsoever — of  establishing  rules  for  deciding  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the  united  states 
shall  be  divided  or  appropriated^-of  granting  letters  of  marque  and 
reprisal  in  times  of  peace — appointing  courts  for  the  trial  of  piracies  and 
felonies  committed  on  the  high  seas  and  establishing  courts  for  receiving 
and  determining  finally  appeals  in  all  cases  of  captures,  provided  that 
no  member  of  congress  shall  be  appointed  a  judge  of  any  of  the  said 
courts. 

The  united  states  in  congress  assembled  shall  also  be  the  last  resort 
on  appeal  in  all  disputes  and  differences  now  subsisting  or  that  here- 
after may  arise  between  two  or  more  states  concerning  boundary,  juris- 
diction or  any  other  cause  whatever;  which  authority  shall  always  be 
exercised  in  the  manner  following.  Whenever  the  legislative  or  execu- 
tive authority  or  lawful  agent  of  any  state  in  controversy  with  another 
shall  present  a  petition  to  congress,  stating  the  matter  in  question  and 
praying  for  a  hearing,  notice  thereof  shall  be  given  by  order  of  congress 
to  the  legislative  or  executive  authority  of  the  other  state  in  controversy, 
and  a  day  assigned  for  the  appearance  of  the  parties  by  their  lawful 
agents,  who  shall  then  be  directed  to  appoint  by  joint  consent,  commis- 
sioners or  judges  to  constitute  a  court  for  hearing  and  determining  the 
matter  in  question:  but  if  they  cannot  agree,  congress  shall  name  three 
persons  out  of  each  of  the  united  states,  and  from  the  list  of  such  per- 
sons each  party  shall  alternately  strike  out  one,  the  petitioners  beginning, 
until  the  number  shall  be  reduced  to  thirteen ;  and  from  that  number 


487 

not  less  than  seven,  nor  more  than  nine  names  as  congress  shall  direct, 
shall  in  the  presence  of  congress  be  drawn  out  by  lot,  and  the  persons 
•whose  names  shall  be  so  drawn  or  any  five  of  them,  shall  be  commis- 
sioners or  judges,  to  hear  and  finally  determine  the  controversy,  so 
always  as  a  major  part  of  the  judges  who  shall  hear  the  cause  shall 
agree  in  the  determination:  and  if  either  party  shall  neglect  to  attend 
at  the  day  appointed,  without  showing  reasons,  which  congress  shall 
judge  sufficient,  or  "being  present  shall  refuse  to  strike,  the  congress  shall 
proceed  to  nominate  three  persons  out  of  each  state,  and  the  secretary 
of  congress  shall  strike  in  behalf  of  such  party  absent  or  refusing ;  and 
the  judgment  and  sentence  of  the  court  to  be  appointed,  in  the  manner 
before  prescribed,  shall  be  final  and  conclusive;  and  if  any  of  the  par- 
ties shall  refuse  to  submit  to  the  authority  of  such  court,  or  to  appear  or 
defend  their  claim  or  cause,  the  court  shall  nevertheless  proceed  to  pro- 
nounce sentence,  or  judgment,  which  shall  in  like  manner  be  final  and 
decisive,  the  judgment  or  sentence  and  other  proceedings  being  in  either 
case  transmitted  to  congress,  a  d  lodged  among  the  acts  of  congress  for 
the  security  of  the  parties  concerned :  provided  that  every  commissioner, 
before  he  sits  in  judgment,  shall  take  an  oath  to  be  administered  by  one 
of  the  judges  of  the  supreme  or  superior  court  of  the  state,  where  the 
cause  shall  be  tried,  "  well  and  truly  to  hear  and  determine  the  matter 
in  question,  according  to  the  best  of  his  judgment,  without  favour,  affec- 
tion or  hope  of  reward :"  provided  also  that  no  state  shall  be  deprived 
of  territory  for  the  benefit  of  the  united  states. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  states,  whose  jurisdictions  as  they  may 
respect  such  lands,  and  the  states  which  passed  such  grants  are  ad- 
justed, the  said  grants  or  either  of  them  being  at  the  same  time  claimed 
to  have  originated  antecedent  to  such  settlement  of  jurisdiction,  shall  on 
the  petition,  of  either  party  to  the  congress  of  the  united  states,  be  finally 
determined  as  near  as  may  be  in  the  same  manner  as  is  before  pre- 
scribed for  deciding  disputes  respecting  territorial  jurisdiction  between 
different  states. 

The  united  states  in  congress  assembled  shall  also  have  the  sole  and 
exclusive  right  and  power  of  regulating  the  alloy  and  value  of  coin 
struck  by  their  own  authority,  or  by  that  of  the  respective  states — fixing 
the  standard  of  weights  and  measures  throughout  the  United  States — 
regulating  the  trade  and  managing  all  affairs  with  the  Indians,  not  mem- 
bers of  any  of  the  states,  provided  that  the  legislative  right  of  any  state 
within  its  own  limits  be  not  infringed  or  violated — establishing  or  regu 
lating  post-offices  from  one  state  to  another,  throughout  all  the  united 
states,  and  exacting  such  postage  on  the  papers  passing  thro'  the  same 
as  may  be  requisite  to  defray  the  expenses  of  the  said  office — appointing 
all  officers  of  the  land  forces,  in  the  service  of  the  united  stages,  except- 
ing regimental  officers — appointing  all  the  officers  of  the  naval  forces, 
and  commissioning  all  officers  whatever  in  the  service  of  the  united 
states — making  rules  for  the  government  and  regulation  of  the  saul  mnil 
and  naval  forces,  and  directing  their  operations. 

45 


488 

The  united  states  in  congress  assembled  shall  have  authority  to  ap- 
point a  committee,  to  sit  in  the  recess  of  congress,  to  be  denominated 
"  A  Committee  of  the  States,"  and  to  consist  of  one  delegate  from  eacli 
state ;  and  to  appoint  such  other  committees  and  civil  officers  as  may 
be  necessary  for  managing  the  general  affairs  of  the  united  states  under 
their  direction — to  appoint  one  of  their  number  to  preside,  provided  that 
no  person  be  allowed  to  serve  in  the  office  of  president  more  than  one 
year  in  any  term  of  three  years;  to  ascertain  the  necessary  sums  of 
Money  to  be  raised  for  the  service  of  the  united  states,  and  to  appropri- 
ate and  apply  the  same  for  defraying  the  public  expenses — to  borrow 
money,  or  emit  bills  on  the  credit  of  the  united  states,  transmitting  every 
half  year  to  the  respective  states  an  account  of  the  sums  of  money  so 
borrowed  or  emitted, — to  build  and  equip  a  navy — to  agree  upon  the 
number  of  land  forces,  and  to  make  requisitions  from  each  state  for  its 
quota,  in  proportion  to  the  number  of  white  inhabitants  in  such  state ; 
which  requisition  shall  be  binding,  and  thereupon  the  legislature  of  ea<.-h 
state  shall  appoint  the  regimental  officers,  raise  the  men  and  cloath,  arm 
and  equip  mem  in  a  soldier  like  manner,  at  the  expense  of  the  united 
states ;  and  the  officers  and  men  so  cloathed,  armed  and  equipped  shall 
march  to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
united  states  in  congress  assembled:  But  if  the  united  states  in  congress 
assembled  shall,  on  consideration  of  circumstances  judge  proper  that 
any  state  should  not  raise  men,  or  should  raise  a  smaller  number  than 
its  quota,  and  that  any  other  state  should  raise  a  greater  number  of  men 
than  the  quota  thereof,  such  extra  number  shall  be  raised,  officered, 
cloathed,  armed  and  equipped  in  the  same  manner  as  the  quota  of  such 
state,  unless  the  legislature  of  such  state  shall  judge  that  such  extra  num- 
ber cannot  be  safely  spared  out  of  the  same,  in  which  case  they  shall 
raise  officer,  cloath,  arm  and  equip  as  many  of  such  extra  number  as 
they  judge  can  be  safely  spared.  And  the  officers  and  men  so  cloathed, 
armed  and  equipped,  shall  march  to  the  place  appointed,  and  within 
the  time  agreed  on  by  the  united  states  in  congress  assembled. 

The  united  states  in  congress  assembled  shall  never  engage  in  a  war, 
nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor  enter  into 
any  treaties  or  alliances,  nor  coin  money,  nor  regulate  the  value  thereof, 
nor  ascertain  the  sums  and  expenses  necessary  for  the  defence  and 
welfare  of  the  united  states,  or  any  of  them,  nor  emit  bills,  nor  borrow 
money  on  the  credit  of  the  united  states,  nor  approrpiate  money,  nor 
agree  upon  the  number  of  vessels  of  war,  to  be  built  or  purchased,  or 
the  number  of  land  or  sea  forces  to  be  raised,  nor  appoint  a  commander 
in  chief  of  the  army  or  navy,  unless  nine  states  assent  to  the  same :  nor 
shall  a  question  on  any  other  point,  except  for  adjourning  from  day  to 
day  be  determined,  unless  by  the  votes  of  a  majority  of  the  united  states 
in  congress  assembled. 

The  Congress  of  the  united  states  shall  have  power  to  adjourn  to  any 
time  within  the  year,  and  to  any  place  within  the  united  states,  so  that 
no  period  of  adjournment  be  for  a  longer  duration  than  the  space  of  six 
months,  and  shall  publish  the  Journal  of  their  proceedings  monthly,  ex- 


489 

cept  such  parts  thereof  relating  to  treaties,  alliances  or  military  opera- 
tions, as  in  their  judgment  require  secrecy;  and  the  yeas  and  nays  of 
the  delegates  of  each  state  on  any  question  shall  be  entered  on  the  Jour- 
nal, when  it  is  desired  by  any  delegate ;  and  the  delegates  of  a  state,  or 
any  of  them,  at  his  or  their  request  shall  be  furnished  with  a  transcript 
of  the  said  Journal,  except  such  parts  as  are  above  excepted,  to  lay  be- 
fure  the  legislatures  of  the  several  states. 

ARTICLE  X.  The  committee  of  the  states,  or  any  nine  of  them,  shall 
be  authorized  to  execute,  in  the  recess  of  congress,  such  of  the  powers 
of  congress  as  the  united  states  in  congress  assembled,  by  the  consent 
of  nine  states,  shall  from  time  to  time  think  expedient  to  vest  them 
with ;  provided  that  no  power  be  delegated  to  the  said  committee,  for 
the  exercise  of  which,  by  the  articles  of  confederation,  the  voice  of  nine 
stales  in  the  congress  of  the  united  states  assembled  is  requisite. 

ARTICLE  XI.  Canada  acceding  to  this  confederation,  and  joining  in 
the  measures  of  the  united  states,  shall  be  admitted  into,  and  entitled  to 
all  the  advantages  of  this  union :  but  no  other  colony  shall  be  admitted 
into  the  same,  unless  such  admission  be  agreed  to  by  nine  states. 

ARTICLE  XII.  All  bills  of  credit  emitted,  monies  borrowed  and 
debts  contracted  by,  or  under  the  authority  of  congress,  before  the  assem- 
bling of  the  united  states,  in  pursuance  of  the  present  confederation, 
shall  be  deemed  and  considered  as  a  charge  against  the  united  states, 
for  payment  and  satisfaction  whereof  the  said  united  states,  and  the 
public  faith  are  hereby  solemnly  pledged. 

ARTICLE  XIII.  Every  state  shall  abide  by  the  determinations  of 
the  united  states  in  congress  assembled,  on  all  questions  which  by  this 
confederation  is  submitted  to  them.  And  the  Articles  of  this  confedera- 
tion shall  be  inviolably  observed  by  every  state,  and  the  union  shall  be 
perpetual ;  nor  shall  any  alteration  at  any  time  hereafter  be  made  in 
any  of  them ;  unless  such  alteration  be  agreed  to  in  a  congress  of  the 
united  states,  and  be  afterwards  confirmed  by  the  legislatures  of  every 
state. 

jind  Whereas  it  hath  pleased  the  Great  Governor  of  the  World  to  in- 
cline the  hearts  of  the  legislatures  we  respectively  represent  in  congress, 
to  approve  of,  and  to  authorize  us  to  ratify  the  said  articles  of  confedera- 
tion and  perpetual  union.  Know  Ye  that  we  the  undersigned  delegates, 
by  virtue  of  the  power  and  authority  to  us  given  for  that  purpose,  do  by 
these  presents,  in  the  name  and  in  behalf  of  our  respective  constituents, 
fully  ana  entirely  ratify  and  confirm  each  and  every  of  the  said  articles 
of  confederation  and  perpetual  union,  and  all  and  singular  the  matters 
and  things  therein  contained:  And  we  do  further  solemnly  plight  and 
engage  the  faith  of  our  respective  constituents,  that  they  shall  abide  by 
the  determinations  of  the  united  states  in  congress  assembled,  on  all 
questions,  which  by  the  said  confederation  are  submitted  to  them.  And 
that  the  articles  thereof  shall  be  inviolably  observed  by  the  states  we 
respectively  represent,  and  that  the  union  shall  be  perpetual.  In  wit 
ness  whereof  we  have  hereunto  set  our  hands  in  Cong/ess,  uone  at 


490 


Philadelphia  in  the  state  of  Pennsylvania  the  9th  Day  of  July  in  the 
Year  of  our  Lord,  1778,  and  in  the  3d  year  of  the  Independence  of 
America. 


Josiah  Bartlett, 

John  Hancock, 
Samuel  Adams, 
Klbridge  Gerry, 
AVilliam  Ellery, 
Henry  Marchant, 

Roger  Sherman, 
Samuel  Huntington, 
Oliver  Wolcott, 
.Tas  Duane, 
Fras  Lewis, 

Jno  Witherspoon, 

Robt  Morris, 

Daniel  Roberdeau, 

Jon»  Bayard  Smith, 

Tho.  M'Kean,  Feb.  12,  1779. 

John  Dickinson,  May  5, 1779, 

John  Hanson, 

March  1st,  1781, 
Richard  Henry  Lee, 
John  Banister, 
Thomas  Adams, 
John  Penn, 

July  21st,  1778, 
Henry  Laurens, 
William  Henry  Drayton, 
Jno  Matthews, 
Jno  Walton, 

24th  July,  1778, 


John  Wentworth, 
August  8th,  177 
Francis  Dana, 
James  Lovell, 
Samuel  Holten, 

John  Collins, 


Titus  Hogmer, 
Andrew  Adam, 

William  Duer, 
Gouv  Morris, 

Nathl  Seudder, 


jun. )  On  the  part  and  behalf  of  th» 
8,       )      state  of  New  Hampshire. 

(_0n  the  part  and  behalf  of  the 
f  state  of  Massachusetts-Bay. 


On  the  part  and  behalf  of  tlin 
state  of  Rhode-Island  and 
Providence  Plantations. 

On  the  part  and  behalf  of  the 
state  of  Connecticut. 

SOn  the  part  and  behalf  of  the 
state  of  New-York. 

")  On  the  part  and  behalf  of  the 
>-  state  of  New-Jersey,  Novem- 
)  ber  26th,  1778. 


William  Clingan, 
Joseph  Reed, 

2dd  July,  1778, 
Nicholas  Van  Dyke, 

Daniel  Carroll. 

March  1st,  1781, 
Jno  Harvie, 
Francis  Lightfoot  Lee, 

Corns  Harnett, 
Jno  Williams, 
Richd  Hutson, 
Thos.  Heyward,  jun. 

Edwd  Telfair, 
Edwd  Langworthy, 


On  the  part  and  behalf  of  the 
state  of  Pennsylvania. 

_  On  the  part  and  behalf  of  the 
state  of  Delaware. 

;  On  the  part  and  behalf  of  the 
state  of  Maryland. 

On  the  part  and  behalf  of  the 
state  of  Virginia. 

)  On  the  part  and  behalf  of  the 
5       state  of  North-Carolina. 

On  the  part  and  behalf  of  the 
state  of  South-Carolina. 

'  On  the  part  and  behalf  of  the 
slate  of  Georgia. 


THE  THIRTY-THIRD  CONGRESS  OF  THE  UNITED  STATES. 

THE  SENATE. 

DAVID  R.  ATCHISOS,  President  pro  tempore. 
Asbury  Dickens,  Secretary  of  the  Senate. 

EN'ATORS   FROM  THB  SEVERAL  STATES,  WITH   THEIR   PLACES  OF   RESIDENCE  OR  POST  OFFICER 
RESPECTIVELY. 

New  Hampshire. 
Moses  Norris,  Manchester.  Jared  W.  Williams.  Lancaster. 

Massachusetts. 
Charles  Sumner,  Boston.  Julius  Rockwell,  Pittsfield. 

Rhode  Island. 
Charles  T.  James,  Providence.  Philip  Allen,  Providence. 

Connecticut. 
Isaac  Tcucey,  Hartford.  Francis  G  illctte.  Hartford. 


491 

Vermont. 

New  York. 

William  H.  Seward,  Auburn,  Cayuga  CO. 
New  Jersey. 

William  Wright,  Newark. 
Pennsylvania. 

Richard  Brodhead,  Easton. 
Delaware. 

John  M.  Clayton,  Chippewa. 
Maryland. 

Thomas  G.  Pratt,  Annapolis. 
Virginia. 

Kobert  M.  T.  Hunter,  Lloyd's,  Essex  co. 
North  Carolina. 


Solomon  Foot,  Ruttland. 
Hamilton  Fish,  New  York 
John  R,  Thomson,  Princeton. 
James  Cooper,  Pottsville. 
James  A.  Bayard,  Wilmington. 
James  A.  Peavce,  Chestertown. 
James  M.  Mason,  Winchester. 

George  E.  Badger,  Raleigh. 

South  Carolina. 
Andrew  P.  Butler,  Edgefield  C.  H.  J.  I.  Evans,  Society  Hill. 

Georgia. 
William  C.  Dawson,  Greensborough.        Robert  Toombs,  Washington. 

Kentucky. 
John  B.  Thompson,  Harrodsburg.  A.  Dixon,  Henderson. 


John  Bell,  Nashville. 
Salmon  P.  Chase,  Cincinnati. 
J.  P.  Benjamin,  New  Orleans. 
Jesse  D.  Bright,  Madison. 
Stephen  Adams,  Aberdeen. 
Stephen  A.  Douglas,  Chicago. 
Benjamin  Fitzpatrick,  Wetumpka. 
Hannibal  Hamlin,  Hampden. 
David  R.  Atchison,  Platt  City. 
William  K.  Sebastian,  Helena. 
Lewis  Cass,  Detroit. 
Jackson  Morton,  Pensacola. 
Sam.  Houston,  Huntsville. 
Henry  Dodge,  Dodgeville. 
Augustus  C.  Dodge,  Burlington. 
William  M.  Gwin,  San  Francisco. 


Tennessee. 

3.  C.  Jones,  Memphis. 
Ohio. 

Benjamin  Wade,  Jefferson. 
Louisiana. 

John  Slidell,  New  Orleans. 
Indiana. 

John  Pettit,  Lafayette. 
Mississippi. 

Albert  G.  Brown,  Newtown.  Hinds  co. 
Illinois. 

James  Shields,  Belleville. 
Alabama. 

C.  C.  Clay,  Jr.,  Huntsville. 
Maine. 

William  Pitt  Fessenden,  Portland.     ' 
Missouri. 

H.  S.  Geyer,  St.  Louis. 
Arkansas. 

Robert  W.  Johnson,  Little  Rock. 
Michigan. 

Charles  E.  Stuart,  Kalamazoo. 
Florida,. 

S.  R.  Mallory,  Jacksonville. 
Texas. 

Thomas  J.  Rusk,  Nacogdoches. 
Wisconsin. 

Isaac  P.  Walker,  Milwaukie. 
Iowa. 

George  W.  Jones,  Dubuque. 
California. 

John  B.  Weller,  San  Francisco. 
45* 


492 

HOUSE  OF  REPRESENTATIVES. 
Lnra  BOTB,  of  Kentucky,  Speaker. 
John  W.  Forney,  of  Pennsylvania,  Clerk. 

REPRESENTATIVES  from  the  several  States  for  the  Districts  as  numbered,  and  Delegates 
from  the  several  Territories,  with  their  places  of  residence,  or  Post  Offices,  respec- 
tively. 

New  Hampshire. 

1.  George  W.  Kittredge,  New  Market          3.  Ilarry  Hibbard,  Bath. 

2.  George  W.  Morrison,  Manchester. 

Massachusetts. 

1.  Jonathan  D.  Eliot,  New  Bedford.  7.  Nathaniel  P.  Banks,  Jr.,  Waltham. 

2.  Samuel  L.  Crocker,  Taunton.  8.  Tappan  Wentworth,  Lowell. 

3.  J.  Wiley  Edinands,  Newton  Corner.        9.  Alexander  De  Witt,  Oxford. 

4.  Samuel  H.  Walley,  Roxbury.  10.  Edward  Dickinson,  Amherst. 

5.  William  Appleton,  Boston.  11.  John  Z.  Goodrich,  Stockbridge. 

6.  Charles  W.  Upham,  Salem. 

Rhode  Island. 

1.  Thomas  Davis,  Providence.  2.  Benjamin  B.  Thurston,  Hopkinton. 

Connecticut. 

1.  James  T.  Pratt,  Rocky  mil.  3.  Nathan  Belcher,  New  London. 

2.  Colin  M.  Ingersoll,  New  Haven.  4.  Origen  S.  Seymour,  Litchfield. 

Vermont. 

1.  James  Meacham,  Middlebury.  3.  Alvah  Sabin,  Georgia. 

2.  Andrew  Tracy,  Woodstock. 

New  York. 

1.  James  Maurice,  Maspeth.  18.  Peter  Rowe,  Schenectady. 

2.  Thomas  W.  Cumming,  Brooklyn.  19.  George  W.  Chase,  Sehenevers. 

3.  Hiram  Walbridge,  New  York.  20.  Orsamus  B.  Matteson,  Utica. 

4.  Mike  Walsh,  New  York.  21.  Henry  Bennett,  New  Berlin. 

5.  William  M.  Tweed,  New  York.  22.  Gerrit  Smith,  Peterborough. 

6.  John  Wheeler,  New  York.  23.  Caleb  Lyon,  of  Lyonsdale. 

7.  William  A.  Walker,  New  York.  24.  Daniel  T.  Jones,  Baldwinsville. 

8.  Francis  B.  Cutting,  New  York.  25.  Edwin  B.  Morgan,  Aurora,  Ca3*uga  co. 

9.  Jared  V.  Peck,  Portchester.  26.  Andrew  Oliver,  Pen  Yan. 

10.  William  Murray,  Goshen.  27.  John  J.  Taylor,  Owego. 

11.  Theodk.  R.  Wes'tbrook,  Kingston.  28.  George  Hastings,  Mount  Morris. 

12.  Gilbert  Dean,  Poughkeepsie.  29.  Davis  Carpenter,  Brockport. 

13.  Russell  Sage,  Troy.  30.  Benjamin  Pringle,  Batavia.Geneseooo. 

14.  Rufus  W.  Peckham,  Albany.  31.  Thomas  T.  Flagler,  Lockport. 

15.  Charles  Hughes,  Sandy  Hill.  32.  Solomon  G.  Haven,  Buffalo. 

16.  George  A.  Simmons,  Keeseville.  33.  Reuben  E.  Fentou,  Frewsburg. 

17.  Bishop  Perkins,  Ogdensburg. 

New  Jersey. 

1.  Nathan  T.  Stratton,  Mullica  Hill.  4.  George  Vail.  Morristown. 

2.  Charles  Skelton,  Trenton.  6.  Alexander  C.  M.  Pennington,  Newark 

3.  Samuel  Lilly,  Lambertville. 

Pennsylvania. 

1.  Thomas  B.  Florence,  Philadelphia.  14.  Galusha  A.  Grow,  Glenwood. 

2.  Joseph  R.  Chandler,  Philadelphia.  15.  James  Gamble,  Jersey  Shore. 

3.  John  Robbins,  Jr.,  Kensington.  16.  William  H.  Kurtz,  York. 

4.  William  II.  Witte,  Richmond.  17.  Samuel  L.  Russell,  Bedford. 

5.  John  McNair,  Norristown.  18.  John  McCulloch,  Shaver's  Creek. 

6.  William  Everhart,  West  Chester.  19.  Augustus  Drum,  Indiana. 

7.  Samuel  A.  Bridges,  Allentown.  20.  John  L.  Dawson,  Brownsville. 

8.  J.  Glancy  Jones,  Reading.  2J.  David  Ritchie,  Pittsburg. 

5t.  Isaac  E.  Hiester,  Lancaster.  22.  Thomas  M.  Howe,  Alleghany  City. 

10.  Ner  Middleswarth,  Beavertown.  23.  Michael  C.  Trout,  Sharon. 

11.  Christian  M.  Straub,  Pottsville.  24.  Carlton  B.  Curtis,  Warren. 

12.  Ilendrick  B.  Wripht,  Wilkefcbarre.  25.  John  Dick,  Meadville. 

13.  A?  a  Packer,  Mauch  Chunk. 


Delaware. 
1.  George  Read  Riddle,  Wilmington. 

Maryland. 

1.  John  R.  Franklin,  Snow  Hill.  4.  Henry  May,  Baltimore. 

2.  Jacob  Shover,  Manchester.  5.  William  T.  Hamilton,  Hagerstown. 

3.  Joshua  Vansunt,  Baltimore.  6.  Augustus  K.  Sellers,  Prince  Fredericks- 

[town,  Calvert  co. 
Virginia. 

1.  Thomas  H.  Bayly,  Accomac  C.  H.  8.  Charles  J.  Faulkner,  Martinsburg. 

2.  John  S.  Millson,  Norfork.  9.  John  Letcher,  Lexington. 

3.  John  S.  Caskie,  Richmond.  10.  Zedekiah  Kidwell,  Fairmont. 

4.  William  0.  Goode,  Boydton.  11.  John  F.  Snodgrass,  Parkersburg,  (de- 

5.  Thomas  S.  Bocock,  Appomattox  C.  II.  [ceased.) 

6.  Paulus  Powell,  Amherst  C.  H.  12.  Henry  A.  Edmundson,  Salem,  Roanoke 

7.  William  Smith,  Warrenton.  13.  Fayette  McMullen,  Rye  Cove.  |co. 

North  Carolina. 

1.  Henry  M.  Shaw,  Indiantown.  5.  John  Kerr,  Yanceyville. 

2.  Thomas  Ruffin,  Goldsborough  6.  Richard  C.  Puryear,  Huntsville. 

3.  William  S.  Ashe,  Wilmington.  7.  Burton  Craige,  Salisbury. 

4.  Siou  H.  Rogers,  Raleigh.  8.  Thomas  L.  Clingman,  Asheville. 

South  Carolina. 

1.  John  McQueen,  Marlborough  C.  H.         4.  Preston  S.  Brooks,  Ninety-six. 

2.  William  Aiken,  Charleston.  6.  James  L.  Orr,  Anderson. 

3.  Lawrence  M.  Keitt,  Orangeburgh  C.  H.  6.  William  W.  Boyce,  Winnsborough. 

Georgia. 

1.  James  L.  Seward,  Thomasville.  5.  Elijah  W.  Chastain,  Tacoah. 

2.  Alfred  II.  Colquitt,  Newton.  6.  Junius  Hillyer,  Monroe,  Walton  co. 

3.  David  J.  Bailey,  Jackson.  7.  David  A.  Reese,  Monticello. 

4.  William  B.  W.  Dent,  Newnan.  8.  Alexander  H.  Stephens,  Crawfordsville. 

Kentucky. 

1.  Linn  Boyd,  Paducah.  6.  John  M.  Elliott,  Prestonshurg. 

2.  Ben.  Edwards  Grey,  Hopkinsville.          7.  William  Preston,  Louisville. 

3.  Presley  Ewing,  Russellville.  8.  John  C.  Breckenbridge,  Lexington. 

4.  James  S.  Chrisman,  Monticello.  9.  Leander  M.  Cox,  Flemingsburg. 

5.  Clement  S.  Hill,  Lebanon.  10.  Richard  II.  Stanton,  Maysville. 

Tennessee. 

1.  Nathaniel  G.  Taylor,  Happy  Valley.        6.  George  W.  Jones,  Fayetteville. 

2.  Wm.  M.  Churchwell,  Knoxwell.  7.  Robert  M.  liugg,  Lynnville. 

3.  Samuel  A.  Smith,  Charleston.  8.  Felix  K.  Tillicoffer,  Nashville, 

4.  William  Cullom,  Carthage.  9.  Emerson  Etheridge,  Dresden. 

5.  Charles  Ready,  Murfreesborough.          10.  Frederick  P.  Stanton,  Memphis. 

Ohio. 

1.  David  T.  Disney,  Cincinnati.  12.  Edson  B.  Olds,  Circleville. 

2.  John  Scott  Harrison,  Cleves,  Hamilton  13.  William  D.  Lindsley.  Sandusky  City. 

3.  Lewis  D.  Campbell,  Hamilton.        [co.  14.  Harvey  H.  Johnson,  Ashland. 

4.  Matthias  H.  Nichols,  Lima.  15.  William  H.  Sapp,  Mount  Vernon. 

5.  Alfred  P.  Edgerton,  Hicksville.  16.  Edward  Ball,  Zanesville. 

6.  Andrew  Ellison,  Georgetown.  17.  Wilson  Shannon,  St.  ClairsyUle. 

7.  Aarou  Harlan,  Yellow  Springs.  18.  George  Bliss,  Akron. 

8.  Moses  B.  Corwin,  Urbana.  19.  Edward  Wade,  Cleveland. 

9.  Frederick  W.  Green,  Tiffin.  20.  Joshua  R.  Giddings,  Jefferson. 

10.  John  L.  Taylor,  Chillicothe.  21.  Andrew  Stuart,  Steubenville. 

11.  Thomas  Ritchie,  Somerset. 

Louisiana. 

1.  William  Dnnbar,  New  Orleans.  3.  John   Perkins,  Jr.,  Ashwood,  Ten,«as 

2.  Theodore  G.  Hunt,  New  Orleans.  4.  Roland  Jones,  Shreveport.         [Parish. 

Indiana. 

1.  Smith  Miller,  Patoka.  4.  James  II.  Lane.  Lawrenceburg. 

2.  William  H.  Engl!sh,  Lexington.  5.  Samuel  W.  Parker,  Connersville. 

3.  Cyrvis  L.  Dunham,  Valley  Farm.  6.  Thomas  A.  Hendricks,  Shelbyville. 


494 

7.  John  G.  Davis,  Rot-kville.  10.  Ebr.  M.  Chamberland,  Goshen. 

8.  Daniel  Mace,  Lafayette.  11.  Andrew  J.  Harlan,  Marion. 

9.  Norman  Eddy,  Soulh  Bend. 

Mississippi. 

1.  Daniel  B.  Wright,  Salem.  4.  Wiley  P.  Harris,  Monticello,  Lawrence 

2.  William  S.  Barry,  Greenwood.  [co. 

3.  0.  R.  Singleton,  Canton.  6.  William  Barksdale,  Columbus. 

I.linois. 

1.  Elihu  B.  Wnshburn,  Galena.  6.  Richard  Yates,  Jacksonville. 

2.  John  Wentworth,  Chicago.  7.  James  C.  Allen,  Palestine. 

3.  Jesse  0.  Norton,  Joliet,  Will  co.  8.  William  H.  Bissell,  Belleville. 

4.  James  Knox,  Knoxville.  9.  Willis  Allen,  Marion. 
6.  Wm.  A.  Richardson,  Quincy. 

Alabama. 

1.  Philip  Philips,  Mobile.  6.  George  S.  Houston,  Athens. 

2.  James  Abercrombie,  Girard.  6.  Williamson  R.  W.  Cobb,  Bellefonte. 

3.  Sampson  W.  Harris,  Wetumpka.  7.  James  F.  Dowdell,  Chambers  C  H, 

4.  William  R.  Smith,  Fayette  C.  H. 

Maine. 

1.  Moses  McDonald,  Portland.  4.  Samuel  P.  Benson,  Winthrop. 

2.  Samuel  Mayall,  Gray.  5.  Israel  Washburn,  Jr.,  Orons. 

3.  E.  Wilder  Farley,  Newcastle.  6.  Thomas  J.  D.  Fuller,  Calais. 

Missouri. 

1.  Thomas  H.  Benton,  St.  Louis.  5.  John  G.  Miller,  Boonville. 

2.  Alfred  W.  Lamb,  Hannibal.  6.  John  S.  Phelps,  Springfield. 

3.  James  J.  Lindley,  Monticello,  Lewis  co.  7.  Samuel  Caruthers,  Fredericktown. 

4.  Mordecai  Oliver,  Richmond. 

Arkansas. 

1.  Alfred  B.  Greenwood,  Bentonville.  2.  Edward  A.  Warren,  Camden. 

Michigan. 

1.  David  Stuart,  Detroit.  3.  Samuel  Clark,  Kalamazoo. 

2.  David  A.  Noble,  Monroe.  4.  Hestor  L.  Stevens,  Pontiao. 

Florida. 
1.  Augustus  E.  Maxwell,  Tallahassee. 

Texas. 
1.  George  W.  Smythe,  Jasper.  2.  P.  H.  Bell,  Austin. 

Iowa. 

1.  Bernhart  Henn,  Fairfield.  2.  John  P.  Cook,  Davenport 

Wisconsin. 

1.  Daniel  Wells,  Jr.,  Milwaukee.  3.  John  B.  Macey,  Fond  du  Lac. 

2.  Ben-  C.  Eastman,  Platteville. 

California. 
1.  James  A.  McDougal,  San  Francisco.        2.  Milton  S.  Latham,  Sacramento  City. 

Minnesota  Territory. 
1.  Henry  M.  Rice,  Delegate,  St.  Paul. 

Oregon  Territory. 
1.  Joseph  Lane,  Delegate,  Winchester. 

Territory  of  New  Mexico. 

1.  Jos£  Manuel  Gallegoa,  Delegate,  Albuquerque. 
Utah  Territory. 
1.  John  M.  Bernhisel,  Delegate,  Salt  Lake  City. 

Washington  Territory. 
1.  Columbus  Lancaster,  Delegate,  St.  Helen's,  Oregon  Territory. 


INDEX. 


THE  ANALYTICAL  INDEX  OF  THE  CONSTITUTION  op  THE  UNITED  STATES  WILL 

BE  FOUND  AT  PAGE  38.      THE  FOLLOWING  INDEX  REFERS  TO  THE  RESIDUE  OF  THE 
MATTER  CONTAINED  IN  TIIIS  VOLUME. 


ABRIDGMENTS  and   Digests  of  the  Laws  of  the  U.   S.    Description  of 

books  of 465 

ACTS,  Records,  and  Judicial  Proceedings  of  one  State  in  every  other  State, 

Territory,  &c.    An  act  for  the  authentication  of- 290-294 

ACTS  of  the  several  States  for  appointment  of  Deputies  to  Convention  to 

form  the  Constitution  of  the  U.  S. 167 

ADAMS,  President  of  the  U.  S.,  March  4,  1797.     Inaugural  Address  of  John  270 

ADAMS,  Vice  President  of  the  U.S.    First  election  of  John 31 5 

ADAMS,  Vice  President  of  the  U.  S.    Second  election  of  John 31 6 

ADAMS,  as  President  of  the  U.  S.    Election  of  John 317 

ADAMS,  as  President  of  the  U.  S.    Election  of  John  Quincy 324,  325 

ADAMS,  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  John 336 

ADDRESS  of  George  Washington,  accepting  commission  as  communder-in- 

chiefof  the  army,  June  16,  1775 201 

ADDRESS  of  the  President  of  Congress  to  George  Washington,  August  26, 

1783,  on  termination  of  the  war 203 

ADDRESS  of  George  Washington  in  reply  to  the  same 204 

ADDRESS  of  George  Washington  to  Congress,  on  resigning  his  commission 

as  commander-in-chief  of  the  army,  December  23, 17S3 208 

ADDRESS  of  Thomas  Mifflin,  President  of  Congress,  in  answer  to  the  same  209 
ADDRESS  of  George  Washington,  as  President  of  the  U.  S.,  April  30, 1789. 

Inaugural 211 

ADDRESS  of  George  Washington  to  the  people  of  the  U.  S.,  September  17, 

1796.    Farewell 215 

ALA  B  AMA.    Chronological  statement  of  the  formation  of  the  government  of  431 
AMBASSADORS  and  their  domestics.     An  act  for  the  protection  of  foreign  239 

AMENDMENTS  of  the  Constitution  of  the  U.  S. 25 

AMENDMENTS  of  the  Constitution  of  the  U.  S.  by  the  States.   Dates  of  rati- 
fication of  first  ten 34 

AMENDMENTS  of  the  Constitution  of  the  U.  S.    Same  of  the  eleventh  and 

twelfth 36 

AMENDMENTS  of  the  Constitution,  when  ratified  by  the  States,  to  be  pub- 
lished by  the  Secretary  of  State 295 

ANALYTICAL  Index  of  the  Constitution  and  amendments.     A.n 39 

ANNAPOLIS,  in  1790,  recommending  the  Convention  to  form  ihe  Constitu- 
tion.    Proceedings  of  the  commissioners  at 'Cl 

195 


496  INDEX. 

APPOINTMENT  of  George  Washington  to  be  commander-in-chief  of  the 
army,  June  15,  1775 201 

APPOINTMENT  of  George  Washington  to  be  lieutenant-general  and  com- 
mander-in-chief of  all  the  armies  of  the  U.  S.,  July  3,  1798 231-239 

APPORTIONMENT  of  Representatives  among  the  several  States  according 
to  the  Sixth  Census 300 

ARKANSAS.   Chronological  statement  of  the  formation  of  the  government  of  434 

ARMAMENTS  being  prepared  in  the  U.  S.  against  foreign  powers  with 
whom  the  U.  S.  are  at  peace.  An  act  to  prevent 29(5 

ARMIES  of  the  U.  S.  Appointment  of  George  Washington  to  be  lieutenant- 
general  and  eommander-in-chicf  of  the v 231-239 

ARMY  of  the  United  Colonies,  June  15,  1775.  George  Washington  elected 
commander-in-chief  of  the 201 

ARMY  of  the  United  Colonies  fixed  at  $500  per  month.  Pay  and  expenses 
of  the  General  to  command  the  201 

ARMY  of  the  U.  S.,  December  23, 17S3.  Resignation  by  George  Washington 
of  his  commission  as  commander-in-chief  of  the 208 

ATTORNEY  GENERALS  of  the  U.  S.,  from  1769  to  1851.  Names,  States, 
service,  &c.,  of  the • 402 

AUDIENCE  in  Congress  granted  to  George  Washington,  commander-in-chief, 
August  25, 17S3 203 

AUDIENCE  in  Congress,  December  20,  17S3.  George  Washinglon,  com- 
mander-in-chief, admitted  to  a  public 205 

AUTHENTICATION  of  Acts,  Records,  and  Judicial  Proceedings  of  one 
State  in  every  other  State,  Territory,  &c. 290-294 

BKRRIEN,  Senator  of  the  U.  S.    Letter  of  approbation  from  John  Macp-..  xvii 
BOOKS  and  other  sources  of  historical,  political,  statistical,  and  other  infor- 
mation relative  to  the  action  of  the  Government,  in  possession  of  the  pub- 
lic offices  at  the  Seat  of  Government.    Description  of 4.11 

BOOKS,  published  under  the  patronage  of  Congress  and  otherwise,  contain- 
ing useful  political,  statistical,  and  other  information.  Description  of  mis- 
cellaneous   468-471 

BOOKS  in  Congress  Library.    Description  of  selection  of  certain 475 

BOOKS  in  the  State  Department.    Description  of  selection  of  certain 479 

CREESE,  Senator  of  the  U.  S.    Letter  of  approbation  from  Sidney xii 

BURR,  as  Vice  President  of  the  U.  S.    Election  of  Aaron 318 

BURR,  Vice  President,  in  the  Senate  of  the  U.  S.    Attendance  of  Aaron SE8 

BURR,  as  Senator  of  the  U.  S.    Term  of  service  of  Aaron 3f>4 

CALIIOUN.  Vice  President  of  the  U.S.    First  election  of  Jnhn  C 324 

CALHOUN,  Vice  President  of  the  U.  S.    Second  election  of  J.  C 32« 

CALHOUN,  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  J.  C-  -340-342 

CALHOUN  resigned  as  Vice  President,  December  28,1832.    John  C 342.  343 

CALHOUN,  as  Senator  of  the  U.  S.    Terms  of  service  of  John  C 367 

OASS,  Senator  of  the  U.  S.     Letter  of  approbation  from  Lewis xx 

CLAY,  Senator  of  the  U.  S.     Letter  of  approbation  from  Henry xix 


INDEX.  497 

CALIFORNIA.    Chronological  statement  of  the  formation  of  the  government  of  437 
CEDE  their  Weatern  lands  to  the  U.  S.    Resolution  of  Congress  recommend- 
ing to  the  several  States  to 421 

CEDED  by  the  States,  should  be  disposed  of  for  the  common  benefit  of  the  U.  S., 

and  formed  into  Republican  States.    Resolution  of  Congress  that  the  lands-  •  422 
CEDED  to  the  U.  S.,  and  dates  of  cession.    Names  of  States  by  which  Western 

lands  were 422 

CENSUS.  Apportionment  of  Representatives  among  the  several  States  ac- 
cording to  the  Sixth 300 

CENSUSES  U.  S.,  and  fix  number  of  Representatives.    Act  for  taking  Seventh, 

and  subsequent 305 

CESSION  of  the  North-Western  and  Western  Territory  to  the  U.  S.  by  certain 

States.    Proceedings  which  led  to  the 414 

CESSION  of  its  Western  or  Vacant  Lands  to  the  U.  S.  Act  of  New  York  for  the  419 
CHAIRMAN  of  Committees  of  Congress  authorized  to  administer  Oaths-  ••  •  294,  295 

CHAPTERS.    General  contents  of.    See  Table  of  Contents xxxviii 

CHARTERS  of  the  original  States.     Chronological  statement  of  the 407,  408 

CHRONOLOGICAL  statement  of  the  Charters  and  formation  of  the  Governments 

of  the  several  States  and  Territories  of  the  U.  S. 405-446 

CITIZEN  to  understand  the  Constitution.    Introductory  remarks  on  duty  of 

every xxiii 

CLERK  of  the  House  of  Representatives  of  the  U.  S.     Oaths  to  be  taken  by 

the 22,  288,  239 

CLERKS  in  all  the  Departments  of  Government.  Oaths  to  be  taken  by  the  290,  291 
CLERKS  of  the  House  of  Representatives  of  the  U.  S.  from  1789  to  1851.  Names, 

States,  services,  Ac.  of  the 388 

CLERKS  of  the  Supreme  Court  of  the  U.  S.  from  1789  to  1851.    Names,  Ac. 

of  the 393 

CLINTON,  Vice  President  of  the  U.  S.    Election  of  George 319,  320 

CLINTON,  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  George 338-340 

COLLECTORS  of  the  Customs  authorized  to  detain  vessels  built  for  warlike 

purposes 299 

COLONIAL  and  Revolutionary  Documentary  History.  Books  relating  to  the-.  452 
COLUMBIA  established  the  permanent  seat  of  Government  The  District  of-  •  •  -449 
COMMERCE.  Resolution  of  Virginia  for  a  uniform  system  of  trade,  commerce, 

Ac,  January  21,  1786 160 

COMMERCE.  Proceedings  of  Convention  at  Annapolis  appointed  for  said  pur- 
pose, September  14, 1786 161 

COMMERCE.  Resolution  of  Congress,  of  February  21, 1787,  calling  the  Conven- 
tion which  formed  the  Constitution 160 

COMMERCE.  Acts  of  the  several  States  for  the  appointment  of  deputies  to  said 
Convention,  to  revise  and  report  the  means  of  enabling  Congress  to  provide 
more  effectually  for  the  commercial  interests  of  the  U.  S.,  and  to  remedy  all 

the  defects  of  fhe  Federal  system,  &c. 167 

COMMERCE.  The  Constitution  declares  that  "The  Congress  shall  have  power 
to  regulate  commerce  with  foreign  nations,  and  among  the  several  States, 
and  with  the  Indian  tribes" 1* 


498  INDEX. 

COMMERCIAL,  Regulations.  Description  of  books  containing  Tariff  and 
Revenue  Laws,  &c. 467 

COMMITTEES  of  Congress  to  administer  Oaths.  Authority  for  the  Chair- 
man of- 294,  205 

COMMUNICATIONS  to  the  author  and  compiler  in  relation  to  this  work  jx-xxi 

COMPENSATION  to  the  President  and  Vice  President  of  the  U.  S.  An  act 
making 293 

COMPENSATION  to  persons  appointed  to  deliver  the  Electoral  votes  of  Pre- 
sident, &c.,  1792 292 

COMPENSATION  to  do.  do.  do.,  1825 300 

CONFEDERATION,  showing  the  inefficiency  of  that  government,  and  lead- 
ing to  the  adoption  of  the  Constitution.  Proceedings  of  the  Congress  of  the  129 

CONFEDERATION.  The  formation  of  a  Convention  to  frame  the  Constitu- 
tion, recommended  in  17SO,  as  a  means  to  remedy  the  defects  in  the  Ar- 
ticles of- 100 

CONFEDERATION.    The  Articles  of- 483 

CONFEDERATION,  until  March  1, 1781.  Dates  of  ratification  by  the  States, 
and  cause  of  the  delay  of  Maryland  to  ratify  the  Articles  of 406-415 

CONGRESS  of  the  Confederation,  which  led  to  the  adoption  of  the  Constitu- 
tion. Proceedings  of  the ••  120 

CONGRESS  of  the  Confederation,  and  resolutions  of  that  body,  showing  the 
impotency  of  the  Government  to  provide  a  revenue  for  its  wants  and  ne- 
cessities, &c.  Reports  of  committees  of 131-139, 140-142-146-150.151 

CONGRESS  of  the  Confederation  appointing  a  Committee  to  represent  the 
Financial  and  Commercial  difficulties  to  the  several  States,  May  22,  1782. 
Resolution  of- 154 

CONGRESS  of  the  Confederation  in  1787,  recommending  the  Convention 
which  formed  the  Constitution.  Proceedings  of 164 

CONGRESS  of  the  Confederation,  of  September  28, 1787,  transmitting  the  Con- 
stitution to  the  States,  to  be  submitted  to  Conventions  thereof.  Resolu- 
tion of 189 

CONGRESS  of  the  Confederation  of  September  13, 1788,  providing  for  com- 
mencing proceedings  under  the  Constitution  of  the  U.S.  Resolution  of  the  ISO 

CONGRESS  of  July  2, 1770,  that  THE  UNITED  COLONIES  ARE,  AND  OF  RIGHT 

OUGHT  TO  BE  FREE  AND  INDEPENDENT  STATES.      Resolution  of 195 

CONGRESS  assembled,  July  4, 1776.  Declaration  of  Independence  by  the 
Representatives  of  the  U.  S.  in 195 

CONGRESS,  for  promulgating  the  Declaration  of  Independence.  Resolu- 
tion of 200 

CONGRESS  of  the  Confederation,  of  June  17,  1775,  declaring  that  they  would 
maintain  and  assist  George  Washington,  and  adhere  to  him  for  the  main- 
tenance and  preservation  of  American  liberty,  •with  their  lives  and  for- 
tunes. Resolutions  of  the 203 

CONGRESS,  on  August  26,  1763,  to  George  Washington,  on  the  termination 
of  the  war,  and  his  reply.  Address  of  the  President  of 203,  204 

CONGRESS,  of  December  20,  1783,  admitting  George  Washington,  com- 
mander-in-ch,ef,  to  a  public  audience.  Resolution  of- 205 


INDEX.  499 

CONGRESS,  of  December  20, 1783,  thai  a  public  entertainment  be  given  to 
the  conimander-in-chief,  on  December  22.  Resolution  of 205 

CONGRESS,  December  23,  17S3,  and  answer  of  Thomas  Mifflin,  President. 
Resignation,  by  George  'Washington,  of  his  commission  to 209 

CONGRESS  on  the  death  of  George  Washington  in  17D9.    Proceedings  of  240-268 

CONGRESS  shall  be  in  session  on  the  second  Wednesday  in  February,  suc- 
ceeding every  meeting  of  Electors  of  President  and  Vice  President  of 
the  U.S. 292 

CONGRESS.  Provision  for  dividing  States  into  districts  for  the  election  of 
Representatives  in 159-301 

CONGRESS,  from  March  4, 1769,  to  March  3, 1851.  Commencement  and  ter- 
mination of,  and  number  of  days  in  each  session  of 336-345 

CONGRESS,  from  1789  to  1851.    Names  of  Senators  in 346-384 

CONGRESS,  elected  Speaker  of  House  of  Representatives,  from  1789  to  1851. 
Names  of  Representatives  in 380 

CONGRESS  to  admit  "New  States"  into  the  Union.  Remarks  on  the  right 
and  discretionary  power  of 408 

CONGRESS  of  the  Confederation.    Books  relating  to  the  proceedings  of  the- •  453 

CONGRESS  from  1789  to  1851.  Description  of  the  Books,  Newspapers,  &c., 
containing  the  Debates  in 459 

CONGRESS  Library.    Description  of  selection  of  certain  books  in 472 

CONNECTICUT,  in  1787,  appointing  deputies  to  Convention  to  form  the  Con- 
stitution. Act  of- —  ••  184 

CONNECTICUT.  Chronological  statement  of  the  Charters  and  Constitutions 
of 407 

CONNECTICUT  ceded  western  lands  to  U.  S.,  September  14. 1786,  and  May 
30,1800 422 

CONSTITUTION.  Introductory  remarks,  on  duty  of  every  citizen  to  under- 
stand the xxiii 

CONSTITUTION  of  the  United  States  of  America,    The 1 

CONSTITUTION  by  the  States.    Dates  of  ratification  of  the 24 

CONSTITUTION  of  the  U.  S.  Articles  in  addition  to,  and  amendments  of, 
the •* • -  ••  25 

CONSTITUTION  by  the  States.  Dates  of  ratification  of  the  first  ten  amend- 
ments of  the 34 

CONSTITUTION  by  the  States.  Dates  of  ratification  of  eleventh  and  twelfth 
amendments  of  the • 30 

CONSTITUTION  and  amendments.    An  analytical  index  of  the 38 

CONSTITUTION  of  the  U.  S.  Official  proceedings  and  proximate  causes 
which  led  to  the  adoption  and  ratification  of  the —  •  129 

CONSTITUTION  of  the  U  S.  Remarks  relative  to  the  States  that  were  pro- 
minent in  the  proceedings  which  immediately  led  to  the  adoption  of  the-  •  15  j 

CONSTITUTION  for  the  U.  S.  Resolutions  of  the  General  Assembly  of  New 
York,  passed  July  21, 1782,  recommending  a  Convention  to  form  a •  155 

CONSTITUTION  of  the  U.  S.  was  formed.  Proceedings  of  Commissioners  at 
Annapolis,  in  1786,  recommending  the  appointment  of  deputies  to  meet  at 

Philadelphia,  by  whom  the 1M 

46 


INDEX. 

CONSTITUTION.    Recommendation  of  Congress  of  the  Confederation,  in 

1787,  for  appointment  of  deputies  to  the  Convention  which  formed  the  •  •  •  165 
CONSTITUTION  of  the  U.  S.     Acts  of  the  several  States  for  the  appoint- 
ment of  deputies  to  the  Convention  for  forming  a,  viz. 167 

Of  Virginia,  on  October  16,1786 167 

Of  New  Jersey,  on  November  23, 1786 170 

Of  Pennsylvania,  on  December  30, 1786 172 

Of  North  Carolina,  on  January  6, 1787 174 

Of  Delaware,  on  Februarys,  1787 -••••  177 

Of  Georgia,  on  February  10, 1787 179 

Of  New  York,  on  February  28,  1787 181 

Of  South  Carolina,  on  March  8,  1787 182 

Of  Massachusetts,  on  March  10, 1787 183 

Of  Connecticut,  May,  1787 184 

OfMaryland,  on  May  26,1787 185 

Of  New  Hampshire,  on  27th  June,  1787 186 

CONSTITUTION  of  the  U.  S.  to  Congress  of  the  Confederation.  Letter  of 
George  Washington,  and  resolutions  of  the  Convention  of  September  17, 

1787,  transmitting  the 187, 188 

CONSTITUTION  of  the  U.  S.  to  the  several  States,  to  be  submitted  to  Con- 
ventions thereof.  Resolution  of  Congress  of  Confederation,  September  28, 

1 7S7,  transmitting  the 189 

CONSTITUTIO  N  of  the  U.  S.  Resolution  of  Congress  of  the  Confederation,  of 

September  13,  1768,  for  commencing  proceedings  under  the 190 

CONSTITUTION  in  certain  contingencies,  and  for  other  purposes.    General 

Laws  providing  the  means  of  executing  the 287 

CONSTITUTION  of  the  U.  S.  is  to  be  taken.    (See  Oath.)  By  whom  the  oath 

to  support  the 15,22,  288,  289 

CONSTITUTION,  when  ratified  by  the  States,  to  be  published  by  the  Secre- 
tary of  State.  Amendments  to  the 295 

CONVENTION  at  Annapolis,  September,  1786.    Proceedings  of  the 161 

CONVENTION  at  Philadelphia  to  form  a  Constitution,  recommended  by  Con- 
vention at  Annapolis,  September  14, 1786 161 

CONVENTION  which  formed  the  Constitution  recommended  by  Congress,  in 

1787,  as  a  means  to  remedy  the  defects  in  the  Articles  of  Confederation- •  165 
CONVENTION  to  form  the  Constitution.    Acts  of  the  several  States  for  ap- 
pointing deputies  to  the 167 

CONVENTION,  in  17S7,  transmitting  the  Constitution  to  Congress  of  the 
Confederation,  and  suggesting  measures  for  commencing  proceedings 
under  the  Constitution.  Letter  of  George  Washington,  and  resolutions  of 

the 187 

CONVENTIONS  of  the  States.    Resolution  of  Congress,  of  September  88, 

1787,  submitting  the  Constitution  to '• 189 

CONVENTION  that  formed  the  Constitution.  Boooks  relating  to  the  proceed- 
ings of  the 453 

COURT.    (See  Supreme  Court  of  the  U.  S.) 

COURTS  of  the  U.  S.,  or  State  courts  against  a  foreign  Ambassador  or  his 
domestic*  to  be  utterly  null  and  void,  &c.  All  process  or  writs  from  the  289 


INDEX.  501 

COURTS  of  the  U.  S.  An  act  to  provide  further  remedial  justice  in  the. 
[This  act  empowers  the  U.  S.  judges  to  grant  the  writ  of  habeas  coipus, 
and  to  discharge  foreigners  confined  in  the  prison  of  a  State,  in  certain 
cases.]  301 

COURTS  of  the  U.  S.  and  of  the  several  States.  Little  &.  Brown's  edition  of 
the  Laws  of  the  U.  S.  declared  to  be  evidence  in  all  the  tribunals,  offices, 
and 302,  303 

COURT  of  the  U.  S.  from  1789  to  1851.  Description  of  books  of  Reports  of 
decisions  of  the  Supreme 468 

CRANCH,  Chief  Justice  of  the  Circuit  Court  of  the  U.  S.  for  the  District  of 
Columbia.  Letter  of  approbation  from  William xiv 

CRIMES  against  the  U.  S.,  providing  for  the  protection  of  foreign  Ambassa- 
dors and  their  domestics.  An  act  for  the  punishment  of  certain 289 

CRIMES  against  the  U.  S.,  &c.,  for  preserving  their  neutrality.  An  act  in 
addition  to  an  act  for  the  punishment  of  certain 290 


DALLAS,  Vice  President  of  the  U.  S.,  and  President  of  the  Senate.  Dedica- 
tion to,  and  letter  of  approbation  from  George  M. ix 

DALLAS,  as  Vice  President  of  the  U.  S.    Election  of  George  M. 830 

DALLAS,  Vice  President,  in  the  Senate  of  the  U.  S.  Attendance  of  George  M.  332 

DALLAS,  as  Senator  of  the  U.  S.    Term  of  service  of  George  M. 358 

DAVIS,  Speaker  of  the  House  of  Representatives  of  the  U.  S.  Letter  of  ap- 
probation from  John  W. xi 

DEATH  of  George  Washington.  Proceedings  of  the  Government  and  fune- 
ral oration  of  Henry  Lee  on  the 240-247 

DEBATES  in  the  two  Houses  of  Congress  from  1789  to  1851.  Description  of 
the  books,  newspapers,  &c.,  containing  the — 459 

DECLARATION  of  Independence,  from  June  8  to  July  4,  1776.  Proceedings 
in  Congress  of  the  United  Colonies  respecting  the 193 

DECLARATION  of  Independence,  by  the  Representatives  of  the  U.  S.  in 
Congress  assembled,  July  4,  1776 195 

DECLARATION  of  Independence.  Resolution  of  Congress  for  promulgat- 
ing the  200 

DECLARATION  by  the  Congress,  June  17,  1775,  that,  for  the  maintenance 
and  preservation  of  American  liberty,  they  would  maintain,  assist,  and 
adhere  to,  George  Washington,  as  commander-in-chief,  with  their  lives 
and  fortunes 203 

DELAWARE,  in  1787,  appointing  deputies  to  Convention  to  form  the  Consti- 
tution. Act  of 177 

DELAWARE.    Chronological  statement  of  the  charters  and  constitutions  of  408 

DELAWARE,  declaring  the  common  right  of  all  the  States  to  the  western 
territory,  &c.  Resolutions  of  the  State  of- 415 

DEPUTIES  to  the  Convention  who  signed  the  Constitution.    Names  of- 23 

DEPUTIES  to  Convention  to  form  the  Constitution.  Acts  of  the  States  for 
appointment  of- 167 

DIGESTS  of  the  Laws  of  the  U.  S.    Description  of  the  books  of 465 


502 


INDEX. 


DISTRICT  of  Columbia,  established  the  permanent  seat  of  the  Government 
of  the  U.  S. 449 

DISTRICTS  for  election  of  Representatives  in  Congress.  Provision  for  di- 
viding the  States  into 301 

DOCUMENTS,  Journals,  and  other  sources  of  historical,  political,  statisti- 
cal, and  other  information  regarding  the  legislative,  executive,  and  judi- 
cial action  of  the  Government,  in  the  public  offices  at  the  Seat  of  Govern- 
ment. Description  of- 451 

DOCUMENTS  ordered  to  be  printed  by  the  Senate  and  House  of  Represent- 
atives of  the  U.  S.  from  1769  to  1851.  Remarks  descriptive  of  the  re- 
gular   457-459 


ELECTIONS  under  and  by  virtue  of  the  Constitution,  (analytical  index)- • -61,  69 
ELECTION  of  a  President  and  Vice  President  of  the  U.  S.,  &c.,  approved 

March  1, 1792.    An  act  relative  to  the 291 

ELECTION  of  Electors  of  a  President  and  Vice  President,  in  case  of  vacan- 
cies in  those  offices  by  casualty,  &c.    Provision  for  the 293 

ELECTIONS  for  Electors  of  President  and  Vice  President  in  all  the  States. 

An  act  to  establish  a  uniform  time  for  holding 302 

ELECTORAL  votes  for  President  and  Vice  President  of  the  U.  S.    Provi- 
sions of  the  Constitution  regarding  the 28 

ELECTORAL  votes  for  President  and  Vice  President  of  the  U.  S.    Regula- 
tions, by  law,  for  the  giving,  making  lists  of,  transmitting  to  the  Seat  of 

Government,  opening,  and  counting  the 291 

ELECTORAL  voles.    Compensation  to,  and  penalties  of,  persons  appointed 

to  deliver  the 292 

ELECTORAL  votes.    Compensation  of  persons  appointed  to  deliver  the  ••••  300 
ELECTORAL  votes  for  President  and  Vice  President  of  the  U.  S.,  viz. : 
First  term,  George  Washington  and  John  Adams,  commencing  March  4, 

17S9 315 

Second  term,  George  Washington  and  John  Adams,  commencing  March  4, 

1793 316 

Third  term,  John  Adams  and  Thomas  Jefferson,  commencing  March  4, 1797  317 
Fourth  term,  Thomas  Jefferson  and  Aaron  Burr,  elected  by  the  House  of 

Representatives,  commencing  March  4,  1801 318 

Fifth  term,  Thomas  Jefferson  and  George  Clinton,  commencing  March  4, 1805  319 
Sixth  term,  James  Madison  and  George  Clinton,  commencing  March  4,  1809  320 
Seventh  term,  James  Madison  and  Elbridge  Gerry,  commencing  March  4, 

1813 321 

Eighth  term,  James  Monroe  and  Daniel  D.Tompkins,  commencing  March  4, 

1817 322 

Ninth  term,  James  Monroe  and  Daniel  D.  ToTnpkins,  commencing  March  4, 

1821 323 

Tenth  term,  John  Quincy  Adams  and  John  C.  Calhoun,  commencing  March 
4,1825 325 


INDEX.  503 

ELECTORAL  votes  for  President  and  Vice  President  of  the  U.  S.— continued 
Eleventh  term,  Andrew  Jackson  and  John  C.  Calhoun,  commencing  March 

4, 1829 326 

Twelfth  term,  Andrew  Jackson  and  Martin  Van  Buren,  commencing  March 

4,1833 32T 

Thirteenth  term,  Martin  Van  Buren  and  R.  M.  Johnson,  commencing  March 

4,1837 328 

Fourteenth  term,  Wm.  H.  Harrison  and  John  Tyler,  commencing  March 

4,1841 329-331 

Fifteenth  term,  James  K.  Polk  and  George  M.  Dallas,  commencing  March  4, 

1845 332 

Sixteenth  term,  Zachary  Taylor  and  M.  Fillmore,  commencing  March  4, 1849  333 

ELECTORS  of  President  and  Vice  President,  equal  to  the  number  of  Senators 
and  Representatives  in  Congress  from  each  State.  Each  State  shall  appoint 
a  number  of 13 

ELECTORS  shall  be  equal  to  the  number  of  Senators  and  Representatives  to 
which  the  States  may  bo  entitled  at  the  time  when  the  President  and  Vice 
President  should  come  into  office.  The 291 

ELECTORS  of  President  and  Vice  President  of  the  U.  S.  Enactments  of  the  law 
for  the  government  of  the 291 

ELECTORS  of  the  President  and  Vice  President  in  all  the  States.  An  act  to  es- 
tablish a  uniform  time  for  holding  elections  of 302 

ELECTORS.  Each  State  may,  by  law,  provide  for  filling  vacancies  in  the 
college  of 302 

EVIDENCE  in  all  tribunals  and  offices  of  the  United  States,  and  of  the  individual 
States.  Little  &  Brown's  edition  of  the  Laws  of  the  U.  S.  declared  to  be 
competent 302,  303 

EXECUTIVE  officers  of  the  Government,  from  1789  to  1851.  Names,  States, 
service,  Ac.,  of  all  the  high 395 

EXTRADITION  Treaties.    Act  giving  effect  to 303 


FAREWELL  Address  of  George  Washington,  President  of  the  U.  S.,  September 

17,1796 215 

"  FIRST  in  War,  First  in  Peace,  and  First  in  the  hearts  of  his  Countrymen,"  as 

applicable  to  George  Washington.    Origin  of  the  words 242 

FLORIDA.     Chronological  statement  of  the  formation  of  the  Government  of  436 

FOREIGN  Ambassadors  and  their  Domestics.  An  act  for  the  protection  of 289 

FOREIGN  Powers.    An  act  to  preserve  the  neutrality  of  the  U.  S.,  with 296 

FOREIGN  Nation  with  whom  the  U.  S.  are  at  peace.    An  act  to  prevent  any 

armament  by  land  or  water  being  fitted  out  in  the  U.  S.  against  any 298 

FOPvEIGN  State  confined  in  any  state  prison  in  certain  cases.    The  Judges  of  the 
TT.  S.  Courts  empowered  to  grant  the  writ  of  Habeas  Corpus,  and  to  discharge 

the  citizens  of  any 301 

FUNERAL  Procession  and  Oration  of  Henry  Lee,  in  honor  of  Gen.  George  Wash- 
ington  245-247 

4«* 


504  INDEX. 

GEORGIA,  in  1787,  appointing  deputies  to  Convention  to  form  the  Constitu- 
tion. Act  of 179 

GEORGIA.    Chronological  statement  of  the  Charters  and  Constitutions  of-"  408 

GEORGIA  ceded  western  lands  to  the  U.  S.    April  24,  1802 422 

GERRY,  Vice  President  of  the  U.S.    Election  of  Elbridge 321 

GERRY,  Vice  President,  in  the  Senate  of  the  U.  S.    Attendance  of  Elbridge  340 
GIBSON,  Chief  Justice  of  the  Supreme  Court  of  Pennsylvania.    Letter  of  ap- 
probation from  John  B. xiii 

GOVERNMENT  of  the  Confederation  to  provide  for  its  support,  defence,  &c. 
Reports  of  committees  and  Resolutions  of  Congress  exhibiting  the  ineffi- 
ciency of  the 131-139,140-142-146-150,151 

GOVERNMENT  under  the  Constitution  of  the  U.  S.  Resolutions  of  Con- 
gress of  the  Confederation  of  September  13,  17S8,  providing  for  the  com- 
mencement of  the 190 

GOVERNMENT  under  the  Constitution.    Brief  statement  of  the  manner  of 

commencing  proceedings  of  the 191 

GOVERNMENT.  George  Washington's  opinions  of  the  principles  and  po- 
licy of  our 211-215 

GOVERNMENT.    John  Adams'. do. do. 270 

GOVERNMENT.    Thomas  Jefferson's.  ••  do. do. xxxi.  275-279 

GOVERNMENT.    James  Madison's. do. do. xxxii.283 

GOVERNMENT  and  providing  the  means  of  executing  the  Constitution,  Ice. 

General  Laws  relating  to  the  continued  organization  of  the 287 

GOVERNMENTS  of  the  several  States  and  territories.  Chronological  state- 
ment of  the  Charters  and  formation  of  the 405-449 

GOVERNMENT  of  the  territory  of  the  U.  S.  north-west  of  the  river  Ohio. 

An  ordinance  for  the 423 

GOVERNMENT  of  the  U.  S.  in  possession  of  the  public  offices.  Description 
of  the  sources  of  information  regarding  the  Legislative,  Executive  and 
Judicial  action  of  the 451 


HABEAS  Corpus  in  all  cases  of  foreigners  confined  in  the  U.  S.,  tec.    The 

judges  of  the  U.  S.  Courts  authorized  to  grant  writs  of- 301 

HARRISON,  as  President  of  the  U.  S     Election  of  William  Henry 329-331 

HISTORICAL  and  other  information  in  the  public  offices  at  the  seat  of  Go- 
vernment.   Description  of  the  sources  of 451 

HOUDON'S  statue  of  Washington  at  Richmond,  Virginia.    Remarks  and  cor- 
respondence relative  to 205-204 

HOUSE  of  Representatives  of  the  U.  S.    Oaths  of  office  to  be  taken  by  the 

Members  and  Clerk  of  the 22,288-281 

HOUSE  of  Representatives,  from  1789  to  1851.   Names  of  Speakers  of  the  386-387 
HOUSE  of  Representatives  of  the  U.  S.,  from  1789  to  1851.    Names,  service, 

Ac.,  of  the  Clerks  of  the 386 

HOUSE  of  Representatives  of  the  U.S.  Description  of  the  Journals  of  the  452-456 
HOUSE  of  Representatives  of  the  U.  S.,  from  1789  to  1851.    Remarks  descrip- 
tive of  the  documents  printed  by  order  of  the 457,  458,  459 


INDEX.  505 

ILLINOIS.  Chronological  statement  of  the  formation  of  the  Government  of  431 
IMPEACHMENTS  from  1789  to  1851.  Description  of  the  Journal  or  record 

of  the  Senate  on - 456 

IMPOST  duties  of  April  18, 1783,  was  the  cause  of  proceedings  which  ulti- 
mately led  to  the  adoption  of  the  Constitution.  Report  of  Committee  of  the 
Congress  of  Confederation,  showing  that  the  failure  of  the  States  to  carry 

the  general  system  of 131-139, 140-142-146,  150, 151 

IMPOST,  &.c.,  as  provided  by  resolution  of  Congress,  April  18,  1783.  See 
Commerce.)  Resolutions  of  Congress  of  February  15,  1786,  recommend- 
ing to  the  States  to  empower  Congress  to  carry  into  effect  a  general  sys- 
tem of 139,141-149,151-153 

INAUGURAL  address  of  George  Washington.  President  of  the  U.  S.    April 

30,  1789 211 

INAUGURAL  address  of  John  Adams,  President  of  the  U.  S. 270 

INAUGURAL  address  of  Thomas  Jefferson,  President  of  the  U.  S. 275 

INAUGURAL  address  ofThomas  Jefferson,  President  of  the  U.  S. 279 

INAUGURAL  address  of  James  Madison,  President  of  the  U.  S. 283 

INDEPENDENCE  of  mind.  Importance  to  every  citizen  of  preserving- ••  XXT 
INDEPENDENCE.  Proceedings  in  Congress  of  the  United  Colonies,  from 

June  8,  to  July  4,  1776,  respecting  a  declaration  of- 193 

INDEPENDENCE  by  the  Representatives  of  the  United  States  in  Congress 

assembled,  July  4,  1776.    The  Declaration  of- 195 

INDEPENDENCE.  Resolution  of  Congress  for  promulgating  the  Declara- 
tion of 200 

INDEPENDENT  STATES.    Resolution  of  Congress  of  July  2,  1776,  that 

THE  UNITED  COLONIES  ARE,  AND  OF  RIGHT  OUGHT  TO  BE,  FREE  AND 195 

INDEX  to  the  Constitution  and  amendments.    An  Analytical 38 

INDEXES  prepared  by  order  of  tlie  two  Houses  of  Congress.  Description  of  465 
INDIANA.  Chronological  statement  of  the  formation  of  the  Government  of- •  480 
INTRODUCTORY  remarks  to  the  work  and  to  the  several  chapters.  (See 

Remarks.) 
IOWA.    Chronological  statement  of  the  formation  of  the  Government  of- ••••  443 


JACKSON,  as  President  of  the  U.  S.    First  election  of  Andrew 326 

JACKSON,  as  President  of  the  U.  S.    Second  election  of  Andrew 327 

JEFFERSON'S  declaration  of  the  principles  of  our  Government.    Thomas 

xxxi,  275-279 
JEFFERSON,  President  of  the  U.  S.,  on  March  4,  1801.    First  inaugural 

address  ofThomas 275 

JEFFERSON,  President  of  the  U.  S.,  on  March  4,  1805.    Second  inaugural 

address  ofThomas 279 

JEFFERSON,  as  Vice  President  of  the  U.  S.    Election  of  Thomas 317 

JEFFERSON,  as  President  of  the  U.  S.    First  election  by  House  of  Repre- 
sentatives of  Thomas 318 

JEFFERSON,  us  President  of  the  U.  S.   Second  election  by  electors  of  Thomas  319 


506  INDEX. 

JEFFERSON,  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  Thomas  338 

JOHNSON,  as  Vice  President  of  the  U.  S.  Election  by  the  Senate  of  Rich- 
ard M. 328 

(The  number  of  electoral  votes  required  for  an  election  being  148,  and 
R,  M.  Johnson  having  received  only  147,  the  election  then  devolved 
upon  the  Senate,  and  R.  M.  Johnson  was  elected.) 

JOHNSON,  Vice  President,  in  Senate  of  the  U.  S.  Attendance  of  Rich- 
ard M. 342-344 

JOHNSON,  as  Senator  of  the  U.  S.    Terms  of  service  of  Richard  M. 370 

JOURNALS  of  the  Congress  of  the  Confederation,  1774  to  1769.  Description 
of  the 453 

JOURNAL  of  the  Convention  that  formed  the  Constitution  in  1787.  Descrip- 
tion of  the 453 

JOURNAL  of  the  House  of  Representatives  of  the  U.  S.  from  1789  to  1851. 
Description  of 454-456 

JOURNAL  of  the  Senate  of  the  U.  S.  from  1789  to  1851.  Description  of  Le- 
gislative   455,  456 

JOURNAL  of  the  Senate  of  the  U.  S.  from  1789  to  1851  (in  part).  Descrip- 
tion of  the  Executive t 455 

JOURNAL  or  record  of  the  Senate  on  impeachments,  from  1789  to  1851.  De- 
scription of 456 

JOURNALS  of  the  Senate  and  House  of  Representatives  of  the  U.  S.  Re- 
marks descriptive  of  the  contents  of  the  Legislative 466 

JUDGES  of  Courts  of  the  U.  S.  authorized  to  grant  writs  of  Habeas  Corpus 
in  all  cases  of  foreigners  confined  in  the  United  States,  and  to  discharge 
them.  The 301 

JUDGES  of  the  Supreme  Court  of  the  U.  S.,  from  1789  to  1851.  Names,  states, 
length  of  service,  &c.,  of  the 389 

JUDICIAL  proceedings  of  one  State  in  every  other  State,  territory,  &c.  Au- 
thentication of 290-294 

JUSTICE  in  the  Courts  of  the  U.  S.    An  act  to  provide  further  remedial 301 


KANE,  Judge  of  the  District  Court  of  the  U.  S.  for  the  Eastern  District  of 

Pennsylvania.    Letter  of  approbation  from  J.  K. xil| 

KENTUCKY.    Chronological  statement  of  the  formation  of  the  Government  of  412 
KNOWLEDGE.    Remarks  on  the  proper  mode  of  acquiring  and  imparting-  xix 


LAND  in  the  north-western  and  western  territory  of  the  U.  S.  Proceedings 
which  led  to  the  cession  by  the  States,  of  the 414 

LANDS  to  the  U.  S.  Act  of  New  York  for  the  cession  of  its  western  or 
vacant ....»...- » 419 

LANDS  to  the  U.  S.  Resolution  of  Congress  recommending  to  the  Stntes  to 
cede  their  western 421 


INDEX.  507 

LANDS  ceded  by  the  States  should  be  disposed  of  for  the  common  benefit  of 
the  U.  S.,  and  formed  into  Republican  States.  Resolution  of  Congress  of 
October  10, 1780,  that  the 422 

LANDS  were  ceded  to  the  U.  S.,  and  dates  of  cession.  Names  of  States  by 
•which  the  western 422 

LANDS  of  the  U.  S.,  and  private  land  claims  to  March  3,  1851.  Description 
of  the  publications  under  the  authority  of  the  U.  S.  relating  to  the  public-  •  46? 

LAW.    Definition  and  sanctity  of  the  civil xxv 

LAWS,  relating  to  the  continued  organization  of  the  Government,  and  pro- 
viding the  authorities  and  means  of  executing  the  Constitution,  in  certain 
contingencies,  and  for  other  purposes,  &c. 287 

LAWS  of  the  U.  S.  declared  competent  evidence  in  all  tribunals  and  offices 
of  the  U.  S.,  and  of  the  several  States.  Little  and  Brown's  edition  of  the 

302,303 

LAWS  of  the  U.  S.,  including  the  Treaties.  Description  of  the  books  con- 
taining the 461 

LAWS  of  the  U.  S.    Description  of  Books  of  Abridgments  and  Digests  of-'' 
the 465-467 

LEGISLATIVE  Journals.    (Vide  Journals.) 

LEE,  on  the  death  of  George  Washington.    Funeral  oration  of  Henry 247 

LETTERS-OF-MARQUE  being  fitted  out  in  the  U.  S.  against  foreign  powers. 
An  act  to  prevent  Privateers  or 296 

LIBERTY.    Definition  of  rational  or  civil xxii 

LIBERTY  and  independence  on  July  4, 1776.    Declaration  of- 195 

LIBERTY,  &c.,  on  June  17, 1775.  Declaration  of  Congress  for  the  mainte- 
nance of  American 203 

LIBERTY  consists.  In  what  the  enjoyment  and  even  the  support  and  pre- 
servation of xxix 

LIBRA  RY  of  Congress.    Description  of  selection  of  certain  books  in  the  •  •  •  •  472 

LIBRARY  of  the  State  Department.  Description  of  selection  of  certain  books 
in  the 479 

LIEUTENANT-GENERAL  and  commander-in-chief  of  the  Armies  of  the 
U.  S.,  July  3, 1798.  Appointment  of  George  Washington  to  be 231-239 

LIGHT  as  regards  the  fundamental  law.  Remarks  on  necessity  of  the  peo- 
ple's having xxxiii 

LITTLE  and  Brown's  editions  of  the  Laws  of  the  U.  S.,  declared  to  be  com- 
petent evidence  in  all  tribunals  and  offices  of  the  U.  S.,  and  of  the  several 
States 302,303 

LOUISIANA.  Chronological  statement  of  the  formation  of  the  Government  of  429 


MADISON'S  declaration  of  the  principles  of  our  Government.    James  •xxxii.  283 
MADISON,  President  of  the  U.  S.  on  March  4, 1809.    Inaugural  Address  of 

James - 283 

MADISON,  President  of  the  U.  S.    First  election  of  James 420 

MADISON,  President  of  the  U.  S.    Second  election  of  James .-  421 

MAINE.    Chronological  statement  of  the  formation  of  the  Government  of-  •  •  432 


508 


INDEX. 


MARSHALS  attendant  on  the  Supreme  Court  of  the  U.  S.,  from  1789  to  1861. 
Names,  &c.  of  the 393 

MARYLAND,  in  17S7,  appointing  deputies  to  convention  to  form  the  Consti- 
tution. Act  of 183 

MARYLAND  to  ratify  the  Articles  of  Confederation,  until  March  1, 1781. 
Dates  of  ratification  by  the  States  and  cause  of  the  delay  of 406-414 

MARYLAND.    Chronological  statement  of  the  Charters  and  Constitutions  of  408 

MARYLAND  to  ratify  the  Articles  of  Confederation  until  the  States  possess- 
ing the  North- Western  and  Western  Territory  should  cede  the  same  to 
the  U.  S.  for  the  common  benefit  of  all  the  States.  Statement  of  the  causes 
of  delay  by 414 

MARYLAND  on  said  subject.  Instructions  to  the  Delegates  in  Congress 
from 415 

MARYLAND  to  ratify  the  Articles  of  Confederation.  Resolution  of  Congress 
earnestly  requesting 421 

MASSACHUSETTS,  in  1787,  appointing  deputies  to  Convention  to  form  the 

Constitution.    Act  of 183 

MASSACHUSETTS.  Chronological  statement  of  the  Charters  and  Constitu- 
tions of- 407 

MASSACHUSETTS  ceded  Western  lands  to  the  U.  S.    April  19,.  1785 422 

MEMBERS  of  the  Senate  and  House  of  Representatives  to  take  an  Oath  to 
support  the  Constitution,  and  the  manner  and  form  thereof.  An  act  pre- 
scribing the  time  for 22,288 

MESSENGERS  or  persons  to  deliver  electoral  votes.    Compensation  to,  and 

penalties  of 292 

MESSENGERS  or  persons  to  deliver  electoral  votes.    Compensation  to 300 

MICHIGAN.    Chronological  statement  of  the  formation  of  the  Government  of  434 
MIFFLIN,  President  of  Congress,  to  George  Washington,  in  answer  to  resig- 
nation of  his  commission.    Address  of  Thomas 209 

MINESOT A  Territory.    Proceedings  in  Congress  relative  to  the 447 

MINISTERS  and  their  domestics.    An  act  for  the  protection  of  Foreign 289 

MISSISSIPPI.  Chronological  statement  of  the  formation  of  ihe  Government  of  430 
MISSOURI.    Chronological  statement  of  the  formation  of  the  Government  of  433 

MONROE,  President  of  the  U.  S.    First  election  of  James 322 

MONROE,  President  of  the  U.  S.    Second  election  of  James 323 

MONUMENT  be  erected  to  General  Washington  in  the  Capitol  at  Washing- 
ton. Resolution  of  Congress  that  a  marble 245 

MOURNING  of  the  Government  on  the  Death  of  George  Washington.  Pro- 
ceedings and 240-263 


NAVY  from  1789  to  1851.    Names,  States,  services,  kc.,  of  Secretaries  of  the  399 

NEBRASKA  Territory.    Proceedings  in  Congress  relative  to  the 448 

NEUTRALITY  of  the  U.  S.  by  prohibiting  its  citizens,  within  its  limits,  from 
preparing  any  offensive  means  against  a  foreign  nation.  An  act  to  pre- 
serve the 286 


INDEX.  509 

NEW  HAMPSHIRE,  la  1787,  appointing  deputies  to  Convention  to  form  the 

Constitution.    Act  of 186 

NEW  HAMPSHIRE.  Chronological  statement  of  the  Charters  and  Constitu- 
tions of ~- 407 

NEW  JERSEY,  at  the  meeting  at  Annapolis,  in  1786,  having  more  enlarged 
powers  than  the  Commissioners  from  other  States,  was  stated  as  the  ground 
for  calling  the  Convention  which  formed  the  Constitution.  The  Commis- 
sioners of 162 

NEW  JERSEY,  in  1786,  appointing  deputies  to  Convention  to  form  the  Constitu- 
tion. Actsof 170 

NEW  JERSEY.    Chronological  statement  of  the  Charters  and  Constitutions  of  407 
NEW  JERSEY  ratified  the  Articles  of  Confederation  "in  the  firm  reliance  that 
the"  Western  Territory  would  be  ceded  by  the  States  in  possession  to  the 

U.S.,  Ac. 414 

NEW  MEXICO  TERRITORY.    Proceedings  in  Congress  relative  to  the 448 

NEW  YORK,  July  21, 1782,  on  the  critical  state  of  the  Confederation,  and  recom- 
mending a  Convention  to  form  a  Constitution.  Resolutions  of  the  General 

Assembly  of 156 

NEW  YORK,  in  1787,  appointing  deputies  to  the  Convention  to  form  the  Consti- 
tution. Act  of- 181 

NEW  YORK.    Chronological  statement  of  the  Charters  and  Constitutions  of  •  •  •  407 
NEW  YORK  for  the  cession  of  its  Western  or  vacant  lands  to  the  U.  S.,  in  order 

to  conciliate  the  Union  under  the  Confederation.    Act  of 419-422 

NEW  YORK.    Special  approbation  of  Congress  for  this  act  of 421 

NORTH  CAROLINA,  in  1787,  appointing  deputies  to  Convention  to  form  the 

Constitution.    Act  of 174 

NORTH  CAROLINA.  Chronological  statement  of  the  Charters  and  Constitu- 
tions of 408 

NORTH  CAROLINA  ceded  Western  lands  to  the  U.  S,  February  25, 1790 422 

NORTH-WESTERN  and  Western  Territory  to  the  U.  S.    Proceedings  which  led 

to  the  cession  by  the  States  of  the 414 

NORTH-WESTERN  Territory  ceded  to  the  U.  S.  by  Virginia,  March  1,  1784 422 

NORTH-WESTERN  Territory.    An  ordinance  for  the  Government  of  the 423 


OATH  of  office,  as  President,  administered  to  George  Washington,  by  the  Chan- 
cellor of  the  State  of  New  York,  April  30,  1789 211 

OATH  of  John  Tyler,  Vice  President,  to  qualify  him  as  President  of  the  U.  S  •  •  •  331 
OATHS  to  support  the  Constitution  of  the  United  States,  and  for  performance  of 
official  duty,  to  be  taken  by  the  following  officers  and  persons,  viz. : 

1.  The  President  of  the  U.  S. 16 

2.  The  President  of  the  Senate 288 

3.  The  Senators  of  the  U.  S. 22,288 

4.  The  Secretary  of  the  Senate 22,  288,  289 

6.  The  Senators  of  the  U.  S.  on  trial  of  impeachment 4 

6.  The  Speaker  of  the  House  of  Representatives 288 

7.  The  members  of  the  House  of  Representatives  of  the  U.  S. 22,  288 


510  INDEX. 

OATHS  to  support  the  Constitution,  &c. — continued. 

8.  The  Clerk  of  the  House  of  Representatives 22,  288,  289 

9.  The  members  of  the  several  State  Legislatures 22,  238 

10.  The  executive  and  judicial  officers  both  of  the  U.  S;  and  of  the  several 

States 22,  288 

11.  All  officers  appointed  under  the  authority  of  the  U.  S. 288 

12.  Each  and  every  clerk  and  other  officer  in  any  of  the  departments  of  the 

U.S. 288 

«  OATHS  of  office  "  are  to  be  taken.    By  whom 22,  288,  289,  290,  291 

OATHS.  The  presiding  officers  of  the  two  Houses,  and  chairmen  of  com- 
mittees of  Congress,  authorized  to  administer 294,  295 

OATHS,  prescribing  the  forms,  &c.    An  act  to  regulate  the  time  and  manner 

of  administering  certain 287 

OFFICERS  required  to  take  an  oath  to  support  the  Constitution  of  the  United 

Slates 22,233,289,290,  291 

OFFICE  of  President  and  Vice  President  to  commence  March  4,  &,c.    The 

term  of- 293 

OFFICES  of  the  U.  S.  and  of  the  States.  Little  &  Brown's  edition  of  the 
Laws  of  the  U.  S.  declared  to  be  competent  evidence  in  all  courts,  tribu- 
nals, and - 303 

OHIO.    Chronological  statement  of  the  formation  of  the  government  of- 413 

ORATION  by  Henry  Lee  on  the  death  of  George  Washington.    Funeral 247 

ORDINANCE  for  the  government  of  the  territory  of  the  U.  S.  north-west  of 

the  river  Ohio.    An 423 

OREGON  Territory.  Reference  to  treaties  fixing  the  boundaries,  and  to  pro- 
ceedings in  Congress  relative  to  the 447 


PASSPORT  issued  under  authority  of  the  U.  S.    Penalty  for  violating  a 290 

PAY  and  expenses  of  the  General  to  command  all  the  continental  forces  fixed 

at  $500  per  month,  by  resolution  of  Congress 201 

PENALTY  for  neglect  to  deliver  the  electoral  votes  by  the  messengers,  &c.  292 
PENALTY  for  violating  the  laws  of  neutrality  in  the  U.  S.  against  a  foreign 

power  at  peace 296 

PENNSYLVANIA,  in  1786,  appointing  deputies  to  Convention  to  form  the 

Constitution.    Act  of- 172 

PENNSYLVANIA.    Chronological  statement  of  the  charters  and  constitu- 
tions of 408 

PEOPLE  to  support  the  Constitution.    Responsibilities  of  the xxiii 

POLITICAL  and  other  information  in  the  public  offices  at  the  Seat  of  Govern- 
ment.   Description  of  the  sources  of 451 

POLK  as  President  of  the  U.  S.    Election  of  James  K.  •••• 332 

POSTMASTER  GENERALS,  from  1789  to  1851.    Names,  States,  service, 

Ac.,  of  the 401 

PREFACE  to  this  edition,  and  to  the  chapters.    (See  Remarks.) 

PRESIDENT  of  the  U.  S.  Certificate  of  the  election  of  George  Washington  as  2)0 


INDEX.  511 

PRESIDENT  and  Vice  President  of  the  U.  S.,  and  declaring  the  officer  to  act 
as  President  in  case  of  vacancies  in  offices  of  President  and  Vice  Presi- 
dent, approved  March  1, 1792.  An  act  relative  to  election  of 291 

PRESIDENT  and  Vice  President,  in  case  of  vacancies  in  those  offices  by 
casualty.  Provision  for  the  election  of  a 293 

PRESIDENT  or  Vice  President  of  the  U.  &.  to  be  delivered  into  the  office  of 
Secretary  of  State.  A  resignation  or  refusal  to  accept  office  of 293 

PRESIDENT  and  Vice  President  of  the  U.  S.  to  commence  March  4,  &c. 
Term  of  office  of  the 293 

PRESIDENT  and  Vice  President  of  the  U.  S.  An  act  providing  compensa- 
tion to  the 293 

PRESIDENT  and  Vice  President  of  the  U.  S.  Compensation  to,  and  penalty 
of,  persons  appointed  to  deliver  electoral  votes  for 292 

PRESIDENT  and  Vice  President  of  the  U.  S.  Compensation  to  persons,  &c., 
to  deliver  electoral  votes  for 300 

PRESIDENT  and  Vice  President  of  the  U.  S.  An  act  to  establish  a  uniform 
time  for  holding  elections  for  electors  of 302 

PRESIDENT  and  Vice  President  of  the  U.  S.,  from  1789  to  1849.  (See  Elec- 
toral Votes.)  Electoral  votes,  &c.,  for 315-334 

PRESIDENT  of  the  U.  S.,  on  the  death  of  Wm.  H.  Harrison,  President.  Pro- 
ceedings introducing  John  Tyler  to  office  as  acting 330,  331 

PRESIDENT  of  the  Senate  authorized  to  administer  oaths.    The 283,  294 

PRESIDENT  pro  tempore  of  the  Senate  to  act  as  President  of  the  U.  S.  in 
case  of  vacancies  in  office  of  President  and  Vice  President.  The 293 

PRESIDENTS  pro  tempore,  from  March  4, 17S9,  to  March  3,  1851.  Names 
and  attendance  in  Senate  of  the  Vice  Presidents  and 336-345 

PRINTED  by  order  of  the  two  Houses  of  Congress,  from  1789  to  1851.  Re- 
marks descriptive  of  the  documents 457,  458,  459 

PRIVATEERS  being  fitted  out  in  the  U.  S.  against  foreign  powers  at  peace 
with  the  U.  S.  An  act  to  prevent 298 

PUBLICATION  of  amendments  to  the  Constitution  of  the  U.  S.  Provision 
for  the 295 


RATIFICATION  of  the  Constitution  by  the  States.    Dates  of  the 24 

RATIFICATION  of  first  ten  amendments  of  the  Constitution  by  the  States. 

Dates  of  the 34 

RATIFICATION  of  the  eleventh  and  twelfth  amendments  of  the  Constitution, 

&c. 30 

RECORDS  of  one  State  in  every  other  State,  territory,  &c.    Authentication  of 

the 290-294 

REMARKS  or  preface  to  the  second  edition  of  this  book vii 

REMARKS  on  the  propriety  of  reading  and  understanding  the  Constitution  xxiii 

REMARKS  on  the  authenticity  of  this  edition  of  the  Constitution  xlv 

REMARKS  on  the  design  of  the  Alphabetical  Analysis  of  the  Constitution-  •  •    37 
REMARKS  on  the  official  proceedings,  and  the  causes  which  led  to  the  adop- 
tion and  ratification  of  the  Constitution  of  the  U.S. '29 

47 


512  INDEX. 

REMARKS  on  the  causes  which  immediately  led  to  the  formation  of  the  Con- 
stitution, and  on  the  States  having  a  leading  agency  in  that  important 
event - 153 

REMARKS  on  the  manner  of  commencing  proceedings  of  the  Government 
under  the  Constitution  of  the  U.  S. 191 

REMARKS  on  the  picture  of  George  Washington,  as  taken  from  Houdon's 
statue  at  Richmond,  Virginia 205 

REMARKS  relative  to  the  appointment  of  George  Washington  to  be  Lieu- 
tenant-General  and  Commander-in-Chief  of  the  armies  of  the  U.  S.  July  3, 
1798 231 

REMARKS  in  relation  to  the  national  mourning  and  solemnities  on  the  death 
of  George  Washington  240 

REMARKS  relative  to  the  inaugural  addresses  of  the  first  four  Presidents  of 
the  U.S. 269 

REMARKS  introductory  to  the  General  Laws,  forming  a  peculiar  class  of 
general  import  inserted  herein -•» 287 

REMARKS  explanatory  of  the  several  tables  contained  in  this  volume  ••••  309 

REMARKS  on  ihe  ratification  of  the  Constitution  by  the  original  States,  and 
on  the  discretionary  right  and  power  of  Congress  to  admit  "  New  States" 
into  the  Union • 408 

REMARKS  relative  to  the  sources  of  historical,  political,  statistical,  and  other 
information  regarding  the  Legislative,  Executive,  and  Judicial  action  of 
the  Government  in  possession  of  the  public  offices  at  the  seat  of  Govern- 
ment    451 

REMARKS  descriptive  of  the  contents  of  the  Legislative  Journals  of  the 
Senate  and  House  of  Representatives  of  the  U.S. 45G 

REMARKS  descriptive  of  the  regular  documents  ordered  to  be  printed  by  the 
Senate  and  House  of  Representatives,  from  1769  to  1851 457,  458,  459 

REMARKS  in  relation  to  the  books  procured  for  the  Congress  or  National 
Library,  and  the  means  employed  for  a  regular  increase  of  their  number  472 

REMARKS  relative  to  the  books  in  the  Department  of  State 479 

REMEDIAL  justice  in  the  Courts  of  the  U.  S.    An  act  to  provide  further- ••  •  301 

REPORTERS  of  decisions  of  the  Supreme  Court  of  the  U.  S.  from  1789  to 
1851.  Names,  &c.,  of  the 893 

REPORTS  of  decisions  of  the  Supreme  Court  of  the  U.  S.  from  1789  to  1851. 
Description  of  the  books  of - 457 

REPRESENTATIVES  in  Congress  elected  Speakers,  from  March  4, 1789,  to 
March  3, 1851,  showing  the  commencement  and  termination  of  their  ser- 
vice, and  the  States  represented  by  them  ~ 386,  387 

REPRESENTATIVES  in  Congress  among  the  several  States,  according  to 
the  sixth  census.  An  act  for  the  apportionment  of.  (See  Spates.) 300 

REPRESENTATIVES  in  Congress.  Provision  for  dividing  States  into  dis- 
tricts for  election  of -•* 301 

REPRESENTATIVES  of  the  U.  S.  in  Congress  assembled,  on  July  4, 1776. 
Declaration  of  Independence  by  the * 195 

RESIGNATION  or  refusal  to  accept  the  office  of  President  or  Vice  President 
of  the  U.  S.  to  be  delivered  into  the  office  of  the  Secretary  of  State 293 


INDEX.  513 

RESIGNATION  to  Congress,  by  George  Washington,  of  his  commission  as  Com- 

mander-in-Chief  of  the  American  army,  on  December  23,  1783 208 

REVENUE  from  impost  duties  as  recommended  by  Congress  in  1783,  was  the 
cause  of  proceedings  which  led  to  the  adoption  of  the  Constitution.  Report 
of  Committee  of  Congress  of  Confederation,  showing  that  the  failure  of  the 

States  to  carry  out  the  general  system  of- 131-139,  140-142-146-150,  151 

REVENUE  from  impost,  as  provided  by  resolution  of  Congress  of  April  18, 
1783.  (See  Oommerce.)  Resolutions  of  Congress  of  February  15,  1786,  re- 
commending to  the  States  to  empower  Congress  to  carry  into  effect  a 

general  system  of 139-141-149-151-153 

REVENUE  and  Tariff  laws,  &c.    Description  of  books  relating  to 467 

REVOLUTION.    Books  relating  to  the  history  of  the  American  Colonies  and  the  452 
RHODE  ISLAND.    Chronological  statement  of  the  charters  and  constitutions  of  407 


SAFE-CONDUCT  issued  under  the  authority  of  the  TT.  S.  Penalty  for  vio- 
lating a 290 

SEAT  of  Government  of  the  U.  S.  The  District  of  Columbia  established  the 
permanent 449 

SECRETARIES  of  the  Senate  of  the  U.  S.,  from  1789  to  1851.  Table  of  the 
name*,  service,  &c.,  of  the 385 

SECRETARY  of  the  Senate  of  the  U.  S.    Oaths  to  be  taken  by  the 22,  288,  289 

SENATE  of  the  U.  S.  directing  the  purchase  of  copies  of  this  Book.  Resolu- 
tions of  the  v 

SENATE  of  the  U.  S.  Oaths  of  office  to  be  taken  by  the  members  and  Secretary 

of  the 22,  288,  289 

SENATE,  of  the  Vice  Presidents  and  Presidents  pro  tempore,  from  March  4, 
1789  to  March  3,  1851.  Names  of  and  attendance  in  the 336-345 

SENATE  of  the  U.  S.    Table  of  the  names,  service,  Ac.,  of  the  Secretaries  of  the  385 

SENATE  of  the  U.  S.  Description  of  the  Legislative  and  Executive  Journals 
and  Records  of  Impeachments  of  the 455,  458 

SENATE  of  the  U.  S.,  from  1789  to  1851.  Remarks  descriptive  of  the  Docu- 
ments printed  by  order  of  the 457,  458,  459 

SENATORS  of  the  U.  S.  in  office,  from  March  4, 1789  to  March  3,  1851,  show- 
ing their  names,  commencement  and  termination  of  their  service,  States 
represented  by  them,  &c.,  viz. : 

CLASSES: —  2       3       From  New  Hampshire -•- 346 

1        2        -        From  Massachusetts  347 

1        2  From  Rhode  Island 349 

1-3        From  Connecticut 351 

1-3        From  Vermont 353 

1-3        FromNewYork 354 

1        2        -        From  New  Jersey 356 

1-3        From  Pennsylvania- ••• 357 

1        2  From  Delaware 359 

1-3        FromMaryland 361 


514  INDEX. 

CLASSES  : —  1       2       -  From  Virginia 362 

2        3  From  North  Carolina 365 

2        3  From  South  Carolina 366 

2        3  FromGeorgia 368 

-  2        3  From  Kentucky 370 

1        2        -  From  Tennessee 371 

1-3  FromOhio ~ 373 

-  2        3  From  Louisiana 374 

1-3  From  Indiana 375 

1        2  From  Mississippi 376 

2        3  Fromlllinois 377 

-  2        3  FromAlabama 378 

1       2       -  From  Maine 379 

1-3  From  Missouri  380 

2  3  From  Arkansas 381 

1  2  -  FromMichigan 381 

1-3  FromFlorida 381 

1  2  From  Texas 381 

1-3  From  Wisconsin 384 

2  3  From  Iowa • 384 

1-3  From  California 384 

20      20      21 

[When  Senators  shall  take  their  seats  from  States  that  have  not  yet  ap- 
pointed Senators,  they  shall  be  placed  by  lot  in  the  foregoing  classes, 
but  in  such  a  manner  as  shall  keep  the  classes  as  nearly  equal  as  may  be 
in  numbers.  Vide  resolution  of  the  Senate,  May  14, 1789.  The  first  class 
expire  in  1851 ;  the  second  in  1847,  and  the  third  in  1849.  Vide  the  Con- 
stitution, page  3.] 

SESSION  of  Congress  from  March  4,  1789  to  March  3,  1851.  Commencement 
and  termination  of,  and  number  of  days  in,  each 336-345 

SOUTH  CAROLINA,  in  1787,  appointing  deputies  to  Convention  to  form  the 
Constitution.  Act  of- 182 

SOUTH  CAROLINA.  Chronological  statement  of  the  Charters  and  Constitu- 
tions of 408 

SOUTH  CAROLINA  ceded  Western  lands  to  the  U.  S.    August  9,  1787 422 

SPEAKER  of  the  House  of  Representatives  shall  act  as  President  of  the  U.  S. 
in  case  of  vacancy,  Ac.  Provisions  that  the 293 

SPEAKER  of  the  House  of  Representatives  authorized  to  administer  oaths. 
The 288-294 

SPEAKERS  of  the  House  of  Representatives  of  the  U.  S.,  from  March  4,  1789 
to  March  3,  1851,  showing  the  commencement  and  termination  of  their  ser- 
vice, and  States  represented  by  them 386,  387 

SPEECHES  in  the  two  Houses  of  Congress  from  1789  to  1851.  Description  of  the 
Books,  Newspapers,  Ac.,  containing  the 46S> 

STATE  to  receive  electoral  votes  in  absence  of  the  President  of  the  Senate, 


INDEX.  515 

and  to  send  a  special  messenger  to  district  judge  for  electoral  votes  in 

case  of  failure  to  be  received  otherwise.    The  Secretary  of- 293 

STATE,  in  case  of  vacancies  in  the  office  of  President  and  Vice  President  of 

the  U.  S.    Duties  of  the  Secretary  of 293 

STATE.    A  resignation  or  refusal  to  accept  of  the  office  of  President  or  Vice 

President  to  be  delivered  into  the  office  of  the  Secretary  of 293 

STATE,  regarding  the  publication  of  amendments  to  the  Constitution  of  the 

U.  S.    Duties  of  th-;  Secretary  of- 295 

STATE  from  1789  to  1851.  Names,  States,  service,  &c.,  of  all  the  Secreta- 
ries of 395 

STATE  Department.    Description  of  selection  of  certain  books  in  the  Library 

of  the 479 

STATE  or  Territory,  &c.    An  act  for  the  authentication  of  Acts,  Records,  and 

Judicial  proceedings  of  one  State  or  Territory  in  every  other 290-294 

STATE  in  certain  cases — the  proceedings  in  State  Courts  in  such  cases  to  be 
null  and  void  The  U.  S.  Judges  empowered  to  grant  the  writ  of  Habeas 
Corpus,  and  to  discharge  the  citizens  of  any  foreign  State  confined  in  the 

prison  of  any • 301 

STATES.    Dates  of  ratification  of  the  Constitution  by  the 24 

STATES.    Dates  of  ratification  of  first  ten  amendments  of  the  Constitution 

by  the 34 

STATES.    Ratification  of  the  eleventh  and  twelfth  amendments  by  the 36 

STATES  in  providing  revenue  for  the  support  of  the  Federal  Government, 
as  recommended  by  Congress  on  April  18,  1783.  Reports  of  committees 

showing  the  failure  of  the  several 131-139,140-142-146-150,151 

STATES  that  were  prominent  in  the  proceedings  which  immediately  led  to 

the  adoption  of  the  Constitution  of  the  U.  S.    Remarks  in  relation  to  the-  •  153 
STATES.    Resolution  of  Congress  of  the  Confederation  of  May  22,  1782,  ap- 
pointing a  committee  to  represent  the  financial  and  commercial  difficul- 
ties to  the  several •  154 

STATES  to  form  a  Constitution  of  the  U.  S.    Resolutions  of  the  General  As- 
sembly of  New  York,  July  21, 1782,  recommending  a  Convention  of  the-  •  155 
STATES  to  remedy  the  difficulties.    Resolution  of  the  Confederation  of  Vir- 
ginia, of  January  21,  1786,  for  a  Convention  of  the 160 

STATES,  at  Annapolis,  in  1786,  recommending  the  appointment  of  deputies 
to  form  the  Constitution.  Proceedings  of  commissioners  from  several 

of  the 1«1 

STATES,  for  the  appointment  of  deputies  to  Convention  to  form  the  Constitu- 
tion of  the  U.  S.  Acts  of  the  several — viz.:  167 

OfVirginia,  passed  October  16,  1786 167 

Of  New  Jersey,  passed  November  23,1786 170 

Of  Pennsylvania,  passed  December  30,  1786 172 

Of  North  Carolina,  passed  January  6, 1787 174 

Of  Delaware,  passed  February  3,  17S7 177 

Of  Georgia,  passed  February  10,  1787 17f 

Of  New  York,  passed  February  28,  1787 181 

Of  South  Carolina,  passed  March  8, 1787 198 

47* 


51G 


INDEX. 


Of  Massachusetts,  passed  March  10, 1787-  • 

Of  Connecticut,  passed  May,  17b7 

Of  Maryland,  passed  May  26,  1787 

Of  New  Hampshire,  passed  June  27, 1787  • 


183! 

184 
185 
186 
STATES  by  which  it  was  ratified.    Resolution  of  Congress  of  September  28, 

1787,  submitting  the  Constitution  to  Conventions  of  the 189 

STATES.    Oaths  to  support  the  Constitution  of  the  U.  S.  to  be  taken  by  the 
members  of  the  Legislatures  and  by  all  Executive  and  Judicial  officers 

of  the  several 22,288 

STATES,  according  to  the  sixth  census.    Appointment  of  Representatives 

300 


N.  Hamp.  

4 
10 
2 

4 

South  Carolina  ....    7 
Georgia  8 
Kentucky  10 
Tennessee  11 

Arkansas  
Michigan  

1 
3 
1 
2 

2 
3 
2 

1 
1 

1 
1 

K.  Island  
Connecticut  

New  York  
New  Jersey  

u 

5 

24 
1 
6 

u 

a 

Louisiana  •  •  • 
Indiana  •«•« 

4 
10 

W 

4 

Whole  num.-  • 
Oregon  T.del.-  •••• 
Minesota  T.  del.  •  •  • 
New  Mexico  T.  del.- 

Delaware  
Maryland  

Illinois  

7 

.     B 

STATES  into  districts  for  election  of  Representatives.  Provision,  by  act  of 
1842,  for  dividing  the 301 

STATES  of  the  Union.  An  act  to  establish  a  uniform  time  for  holding  elec- 
tions for  electors  of  President  and  Vice  President  in  all  of  the 302 

STATES  may  by  law  provide  for  filling  vacancies  in  the  College  of  Electors. 
Each  of  the - 303 

STATES  and  Territories  of  the  U.  S.  Chronological  statement  of  the  Charters 
and  formation  of  the  Governments  of  the  several 405-449 

STATES.    The  time  of  ratification  of  the  Articles  of  Confederation  by  the-  •  •  406 

STATES"  into  the  Union.  Remarks  on  the  ratification  of  the  Constitution  by 
the  original  States,  and  the  right  and  discretionary  power  of  Congress  to 
admit  "New - 408 

STATES  in  possession  thereof.  Proceedings  which  led  to  the  cession  of  the 
North- Western  and  Western  Territory  to  the  U.  S.  by  the 414 

STATES  to  cede  their  western  lands  to  the  U.  S  Resolution  of  Congress  of 
September  6,  1780,  recommending  to  the 421 

STATES  should  be  disposed  of  for  the  common  benefit  of  the  U.  S.,  and  form- 
ed into  Republican  States.  Resolution  of  Congress  of  October  10, 1760, 
that  the  Lands  ceded  by  the « 422 

STATES  by  which  the  western  lands  were  ceded  to  the  U.  S.,  and  dates  of 
cession.  Names  of  the 422 

STATES  out  of  the  North-Western  Territory.  Provision  in  the  Ordinance 
of  July  13,1787,  for  forming-  ~.~ 428 

STATISTICAL  and  other  information  in  the  public  offices  at  the  seat  of  Go- 
vernment. Description  of  the  sources  of- 451 


INDEX.  517 

STATUE  of  George  Washington  by  Hourion.    Description  of  the 205-207 

SUPREME  and  other  Courts  of  the  U.  S.  empowered  to  grant  writs  of  Habeas 
Corpus,  and  to  discharge  foreigners  confined  in  the  state  prisons  in  cer- 
tain cases.  The  Judges  of  the 301 

SUPREME  COURT  of  the  U.  S.,  from  1789  to  1851.  Names,  States,  com- 
mencement and  termination  of  service  of  the  Chief  and  Associate  Justices 
of  the 389-392 

SUPREME  COURT  of  the  U.  S.,  from  1789  to  1851.  Names,  service,  &c.  of 
the  Clerks,  Reporters  of  decisions  and  Marshals  of  the 393 

SUPREME  COURT  of  the  U.  S.,  from  1789  to  1851.  Description  of  Books  of 
Reports  of  decisions  of  the 466 


TABLES  contained  in  this  volume.    Explanatory  remarks  on  the  several  •  •  309 

TABLES  of  electoral  votes  for  President  and  Vice  President  of  the  U.  S., 
-  from  March  4,  1789,  to  March  4,  1853 315-332 

TABLE  of  terms  of  office  and  length  of  service  in  the  Senate,  of  the  Vice 
Presidents  and  Presidents  pro  tempore ;  and  of  the  commencement,  and 
termination,  and  number  of  days  in  each  session  of  Congress,  and  special 
session  of  the  Senate,  from  March  4, 1789,  to  March  3, 1851 336-345 

TABLE  ofth«  names,  classes,  length  of  service  of,  and  States  represented  by 
all  the  Senators  of  the  U.  S.,  from  March  4, 1789,  to  March  3,  1851-  -••  346-384 

TABLE  of  the  names,  places  of  nativity  or  residence,  time  of  appointment, 
and  expiration  of  service  of  the  Secretaries  of  the  Senate  of  the  U.  S.----  385 

TABLE  of  the  names,  time  of  service  of,  and  States  represented  by,  the  Speak- 
ers of  the  House  of  Representatives  of  the  U.  S. 386,  387 

TABLE  of  the  names,  residence,  when  appointed,  and  time  of  service  of,  the 
Clerks  of  the  House  of  Representatives  of  the  U.  S. 388 

TANEY,  Chief  Justice  of  the  Supreme  Court  of  the  U.  S.  Letter  of  approba- 
tion from  Roger  B.  '...... xi 

TARIFF  Laws,  Revenue  Laws,  &c.,  description  of  books  relating  to 467 

TENNESSEE.  Chronological  statement  of  the  formation  of  the  Government 
of «3 

TERM  of  office  of  four  years,  of  President  and  Vice  President,  to  commence 
on  March  4,  &c.  The 293 

TERRITORIES.  An  act  for  the  authentication  of  acts,  records,  and  judicial 
proceedings  of  States  and * 290-294 

TERRITORY  to  the  U.S.  Proceedings  which  led  to  the  cession  of  the  North- 
Western  and  Western 414 

TERRITORY  of  the  U.  S.  north-west  of  the  river  Ohio.  An  ordinance  for 
the  Government  of  the  ^23 

TEXAS  was  admitted  into  the  Union.  Joint  resolution  and  act  of  Congress 
by  which 439 

TOMPKINS,  Viee  President  of  the  U.  S.    First  election  of  Daniel  D. 322 

TOMPKINS,  Vice  President  of  the  U.  S.    Second  election  ofDaniel  D. 323 

TOMPKINS,  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  Daniel  D.  340 


518  INDEX. 

TRADE  and  commerce  for  the  U.  S.    Resolution  of  Virginia,  in  1786,  to  pro- 
vide a  general  system  of 160 

TREASURY,  from  1789  to  1851.    Names,  States,  service,  &c.,  of  the  Secreta- 
ries of  the 396 

TREATIES  of  the  U.  S.    Description  of  the  books  containing  the  Laws  and  461 

TYLER,  as  Vice  President  of  the  U.  S.    Election  of  John 329-331 

TYLER  to  office  as  acting  President  of  the  U.  S.,  on  the  death  of  W.  H.  Har- 
rison, President.    Proceedings  introducing  John 330,  331 

TYLER,  as  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  John  ....  344 


UNION  of  the  people  for  the  government  of  the  U.  S.  of  America.  The  Con- 
stitution adopted  for  the  purpose  of  forming  a  more  perfect -•  1 

UNION  supported  by  the  Constitution.  Brief  remarks  on  the  importance  of 
the 129 

UNION  hazarded  by  tke  inefficiency  of  the  Government  under  the  old  Con- 
federation. The  existence  of  the 149-155 

UNION.  Declaration  in  resolution  of  February  15, 1786,  that  the  Congress 
of  the  Confederation  were  denied  the  means  of  satisfying  engagements  for 
the  common  benefit  of  the •,••  149 

UNION.  Declaration  by  the  convention  at  Annapolis,  September  14, 1786, 
that  further  provisions  were  necessary  to  make  the  Government  adequate 
to  the  exigencies  of  the 164 

UNION.  Declaration,  by  resolution  of  Congress,  February  21,  17S7,  that 
such  alterations  were  necessary  in  the  articles  of  Confederation  as  to 
render  the  Federal  Constitution  adequate  to  the  exigencies  of  the  Govern- 
ment and  preservation  of  the 166 

UNION  is  involved  our  prosperity,  felicity,  safety,  and  perhaps  our  national 
existence.  Opinion  of  George  Washington,  that  in  the  consolidation  of 
our  188 

UNION.  Remarks  on  the  ratification  of  the  Constitution  by  the  original 
States,  and  on  the  right  and  discretionary  power  of  Congress  to  admit 
"New  States"  into  the - 408 

UTAH  Territory.    Proceedings  in  Congress  relative  to  the .»»....  ~ .  448 

VACANCIES  in  representation  of  Congress — how  filled ~>  •  • .  •  •—      3 

VACANCIES  in  seats  of  Senators  in  Congress — how  filled —      3 

VACANCIES  in  offices  of  the  U.  S.  that  may  happen  during  recess  of  the  Sen- 
ate—how  filled  16 

VACANCIES  in  the  offices  both  of  President  and  Vice  President.  An  act  decla- 
ring the  officer  who  shall  act  as  President  in  case  of  •  •  •  • 291 

VACANCIES  in  the  college  of  electors,  Ac.    Each  State  may  provide  by  law  for 

filling * 302 

VAN  BUREN,  as  Vice  President  of  the  U.  S.    Election  of  Martin 327 

VAN  BUREN,  as  President  of  the  U.  S.    Election  of  Martin 328 

VAN  BUREN,  Vice  President,  in  Senate  of  the  U.  S.    Attendance  of  Martin 342 

VAN  BUREN,  as  Senator  of  the  U.  S.    Terms  of  service  of  Martin -  —  •  355 


INDEX.  519 

VESSELS  being  fitted  out  or  armed,  in  whole  or  in  part,  in  the  U.  S.,  against 
any  foreign  power  with  which  the  U.  S.  is  at  peace.  An  act  to  prevent-  •  296 

VERMONT.    Chronological  statement  oi'the  formation  of  the  Government  of  412 

VICE  PRESIDENT  of  the  U.  S.  from  1789  to  1853.  (See  Electoral  Votes.)  Elec- 
toral votes  for 315-332 

VICE  PRESIDENT  of  the  U.  S.  by  the  Senate,  he  not  having  a  majority  of 
electoral  votes.  Richard  M.  Johnson  elected 328 

VICE  PRESIDENTS  and  Presidents  pro  tempore  from  March  4,  1789,  to 
March  3, 1851.  Attendance  in  the  Senate  of  the -  •— • 336-345 

VICE  PRESIDENT.  Act  relative  to  election  of  President  and  Vice  Presi- 
dent, and  declaring  what  officer  shall  act  as  President  in  case  of  vacan- 
cies in  offices  of  President  and » 291 

VICE  PRESIDENT  in  case  of  vacancies  in  those  offices.  Provision  for  the 
election  of  a  President  and ~— -~ 293 

VICE  PRESIDENT  to  be  delivered  into  the  office  of  Secretary  of  State.  A 
resignation  or  refusal  to  accept  the  office  of- - 293 

VICE  PRESIDENT  to  commence  on  March  4,  &c.    Term  of  office  of  the-  •  •  293 

VICE  PRESIDENT  of  the  U.S.  An  aet  providing  compensation  to  the  Presi- 
dent and - 293 

VICE  PRESIDENT  in  all  the  Stales.  An  act  to  establish  a  uniform  time  for 
elections  of  electors  of  President  and 302 

VICE  PRESIDENT,  to  qualify  him  as  President  of  the  U.  S.  Oath  of  John 
Tyler • 331 

VIRGINIA,  in  1786,  appointing  Commissioners  to  meet  those  of  other  States  at 
Annapolis,  to  consider  a  general  and  uniform  system  of  trade,  &c.,  and 
commerce.  Resolution  of  the  commonwealth  of —  •  160 

VIRGINIA,  in  1786,  for  appointing  deputies  to  Convention  to  revise  Federal 
Constitution.  Act  of  the  Commonwealth  of 167 

VIRGINIA.    Chronological  statement  of  the  charters  and  constitutions  of  •••  408 

VIRGINIA,  In  relation  to  the  North- Western  Territory.  Recommendation  by 
Congress  to 418 

VIRGINIA,  on  March  1, 1784.  North- Western  Territory  ceded  to  the  U.  S.  by  422 

VOTES  for  President  and  Vice  President  of  the  U.  S.  Provision  of  the  Con- 
stitution relative  to  electoral 29 

VOTES  for  President  and  Vice  President  of  the  U.  S.  from  1789  to  1853. 
Electoral 315-334 

VOTES  for  President  and  Vice  President  of  the  U.  S.  Enactments  of  law 
regarding  the  electoral 291 

VOTES.    Compensation  to,,  and  penalties  of,  persons  to  deliver  the  electoral  292 

VOTES.    Compensation  to  the  persons  to  deliver  the  electoral 300 


WAR,  from  1789  to  1847.    Names,  States,  services,  &c.,  of  the  Secretaries  of  398 
WASHINGTON  to  be  General  and  commander-in-chief  of  the  army  of  the 
United  Colonies,  June  17, 1775.  Appointment  by  Congress  of  the  Confede- 
ration of  George 2M 


520  INDEX. 

WASHINGTON  to  Congress,  accepting  the  appointment.  Address  of 
George 201 

WASHINGTON  as  General  and  commander  in-chief.  Commission  to 
George 202 

WASHINGTON,  with  their  lives  and  fortunes,  for  the  maintenance  and  pre- 
servation of  American  liberty.  Resolution  of  Congress  of  June  17,  1775, 
that  they  will  maintain,  assist,  and  adhere  to  George 203 

WASHINGTON,  August  26,  17S3,  on  the  termination  of  the  war.  Address  of 
the  President  of  Congress  to  George 203 

WASHINGTON  to  the  same.    Reply  of  George 204 

WASHINGTON,  commander-in-chief.  Resolution  of  Congress  of  December 
20,  1783,  that  a  public  audience  be  given  to  George -•  205 

WASHINGTON,  comrnander-in-chief.  Resolution  of  Congress  of  December 
20, 1783,  that  a  public  entertainment  be  given  to  George 205 

WASHINGTON  of  his  commission  as  commander-in-chief  of  the  American 
army,  December  23,  1783.  Resignation  by  George 208 

WASHINGTON,  in  answer  to  the  same.  Address  of  Thomas  Mifflin,  Presi- 
dent of  Congress,  to  George 209 

WASHINGTON  by  Houdon.  Remarks  and  correspondence  relating  to,  and 
John  Marshall's  opinion  of  the  accuracy  of,  the  statuary  likeness  of 
George - 205-207 

WASHINGTON  appointed  a  deputy  from  Virginia  to  the  Convention  which 
formed  the  Constitution.  George •+ 169 

WASHINGTON,  President  of  the  Convention,  in  1787,  transmitting  the  Con- 
stitution to  the  Congress  of  the  Confederation.  Letter  from- George 183 

WASHINGTON,  President  of  the  U.  S.    First  election  of  George 315 

WASHINGTON,  as  President  of  the  U.  S.,  dated  April  6,  1789.  Certificate 
of  the  election  of  George 210 

WASHINGTON,  as  President  of  the  U.  S.,  by  the  Chancellor  of  the  State  of 
New  York,  April  30,  1789.  The  oath  of  office  administered  to  George  •  ••  211 

WASHINGTON,  as  President  of  the  U.  S.  April  30,  1789.  Inaugural  address 
of  George 21 1 

WASHINGTON,  President  of  the  U.  S.    Second  election  of  George 316 

WASHINGTON,  President  of  the  U.  S.,  September  17, 1796.  Farewell  ad- 
dress of  George 215 

WASHINGTON,  as  Lieutenant-general  and  commander-in-chief  of  the  ar- 
mies of  the  U.  S.,  July  3,  1798.  Appointment  of  George 231-239 

WASHINGTON.  Proceedings  of  the  Government  and  funeral  oration  of 
Henry  Lee  on  the  death  of  George 240-247 

WASHINGTON.  Origin  of  the  words  "  First  in  war,  first  in  peace,  and  first 
in  the  hearts  of  his  countrymen,"  as  applicable  to  George 242 

WASHINGTON.  Addresses  of  the  Senate  and  House  of  Representatives, 
respectively,  to  the  President  of  the  U.  S.,  and  his  replies  thereto,  on  the 
death  of  George 244,264 

WASHINGTON  in  the  Capitol  at  the  city  of  Washington,  and  that  his  body 
be  deposited  under  it.  Resolution  of  Congress  directing  that  a  marble 
monument  be  erected  by  the  U.  S.  to  General 245 


INDEX.  521 

WASHINGTON,  consenting  that  the  body  of  her  deceased  husband,  George 
Washington,  be  interred  under  a  monument  in  the  city  of  Washington. 
Letter  from  Martha 261 

WASHINGTON.  Act  of  Congress  extending  the  privilege  of  franking  let- 
ters and  packages  to  Martha aG2 

WAYNE,  an  Associate  Justice  of  the  Supreme  Court  of  the  U.  S.  Letter  of 
approbation  from  James  M. xil 

\VEB.STER,  Secretary  of  State  of  the  United  States,  Letter  of  approbation  from 

Daniel xxii 

WISCONSIN.  Chronological '  statement  of  the  formation  of  the  govern- 
ment of-  441 

WRIGHT,  late  Governor  of  New  York,  Senator  of  the  U.  S.,  &c.  Letter  of 
approbation  from  Silas XT 


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